2 Mass. App. Ct. 890 | Mass. App. Ct. | 1974
This case is before us on the defendant’s exception to the denial of his motion for entry of a finding of not guilty. The defendant was chargéd in an indictment with having escaped from prison in violation of G. L. c. 268, § 16, as amended through St. 1955, c. 770, § 82, and was found guilty on October 12, 1973. The defendant waived his right to trial by jury, and the case was submitted to the judge on the following stipulated facts. The defendant was granted a day-long furlough from the Massachusetts Correctional Institution at Concord. Around the time the defendant was scheduled to return, a phone call was received at the institution to the effect that the defendant had been involved in an automobile accident and would be returning about two hours late. The defendant did not arrive that evening but returned voluntarily late the following evening. The defendant raises two points in support of his exception to the denial of his motion. First, the defendant argues that the crime of escape was not sufficiently established, since the element of wrongful intent
Exceptions overruled.