Whitney v. Commonwealth

This petition for a writ of error has been reserved and reported without decision by a single justice upon the petition, answer, and statement of agreed facts. The petitioner was indicted for violation of G. L. (Ter. Ed.) c. 123, § 112, in that on September 26, 1956, at Fitchburg he “did assist and connive at the escape of two patients and did secrete said patients from the Metropolitan State Hospital.” He was also indicted for violation of G. L. (Ter. Ed.) c. 265, § 23, for carnal abuse of a female child under the age of sixteen years. A jury trial was held under G. L. (Ter. Ed.) c. 278, §§…