Commonwealth v. Faulkner

The defendant appeals (G. L. c. 278, §§ 33A-33G) from his conviction after a jury-waived trial of violating G. L. c. 268, § 16, as appearing in St. 1973, c. 1062, § 1, which provides that “[a] prisoner who escapes ... from any penal institution... shall be punished____” According to the stipulation of facts, on September 27,1978, the defendant was being held in lieu of bail at the Billerica house of correction. At approximately 7:45 p.m. on that date the defendant and two other inmates escaped from the jail by cutting through the bars on a cell window and lowering themselves to the ground…