Smith v. State Parole Board

The facts are agreed, and were as follows. The plaintiff, Richard J. Smith, was convicted of rape on June 10, 1968, and sentenced to a term of imprisonment of not less than seven nor more than twelve years at M.C.I. Walpole. After serving some five years, the plaintiff was paroled on June 12, 1973. For the reason that the plaintiff’s whereabouts became unknown, the Parole Board on August 30, 1974, cancelled his permit to be at liberty and issued a warrant for his arrest.

On June 13, 1975, the plaintiff was indicted for the crime of assault with intent to commit rape, committed on December 23,…