Commonwealth v. Gosselin

The defendant was convicted by a jury of escape from the Massachusetts Correctional Institution at Framingham. G. L. c. 268, § 16A, as amended by St. 1955, c. 770, § 83. The Appeals Court sustained the defendant’s exceptions and ordered judgment for the defendant. Commonwealth v. Gosselin, Mass. App. Ct. (1973). a We allowed the Commonwealth’s application for leave to obtain further appellate review, presenting the question whether “an attempt to commit a crime is a lesser included offense of the completed crime.” We agree with the Commonwealth that an attempt can be a lesser included…