Massachusetts Supreme Judicial Court February 19, 1985 (Brown v. Commissioner of Correction)

Abrams, J.

We hold that a Superior Court judge correctly declared that art. 12 of the Massachusetts Declaration of Rights “prohibits confinement in the state prison at Walpole of the plaintiff, a prisoner who has not been indicted and who has not waived indictment.”

2

Thus, the Commissioner of Correc

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tian (commissioner) could not transfer an unindicted prisoner to MCI Walpole, pursuant to G.