Commonwealth v. Geary

The defendant contends on appeal from the denial of his motion for a new trial that an assault and battery on a guard by a person committed to the treatment center for sexually dangerous persons at Bridgewater (treatment center) is not subject to G. L. c. 127, § 38B, as appearing in St. 1966, c. 279. That section, as relevant, provides as follows:

“A prisoner in any . . . correctional institution of the commonwealth who commits an assault or an assault and battery upon an officer, guard or other employee of such . . . institution shall be punished by imprisonment in the state prison for not…