Commonwealth v. Boone

The defendant was convicted of escape from a penal institution under an indictment that charged him with a violation of G. L. c. 268, § 16. He appeals, claiming that the indictment did not charge a crime of escape under G. L. c. 268, § 16, and that, in any event, the evidence did not warrant a finding of guilty. We conclude that the indictment charged a crime but that the evidence was insufficient to warrant a guilty finding.

*852The indictment charged that, on or about August 19, 1981, the defendant “being lawfully imprisoned at Massachusetts Correctional Institution, Walpole [Cedar Junction] and…