Commonwealth v. O'MALLEY
Massachusetts Appeals Court
1Opinion of the CourtGreaney, J.
The defendant was charged by complaint with escaping from the pre-release center of the Massachu setts Correctional Institution (M.C.I.) at Lancaster. G. L. c. 268, § 16. The defendant believed that at the time of the escape, his life was endangered by an impending transfer to M.C.I., Concord. He therefore sought to defend the charge on the ground that his action was justified under the doctrine of necessity. See Commonwealth v. Thurber, 383 Mass. 328 (1981).
The defendant claimed trial before a jury of six in the District Court. On the day scheduled for trial, the prosecutor brought an oral…
2Cases cited30 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Chambers v. MississippiSupreme Court of the United States · 1973
- Rhode Island v. InnisSupreme Court of the United States · 1980
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- United States v. BaileySupreme Court of the United States · 1980
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