Carlino v. Commissioner of Correction

This bill under G. L. c. 231A seeks to determine the time when a prison sentence imposed in the Superior Court “was to have become effective.” The trial judge dismissed the bill “on the ground it was the intention of the judge to impose sentence from and after the 12-15 year sentence that . . . ¡The plaintiff] was serving.” The case is here on the plaintiff’s exception to this ruling.

On February 5, 1958, in the Superior Court for the county of Essex the plaintiff was sentenced to serve concurrently, three two and one-half to four year sentences. On April 16,

1958, in the Superior Court for the…