Citation Numbers: 1 Mass. App. Ct. 821
Filed Date: 5/7/1973
Status: Precedential
Modified Date: 6/25/2022
On December 1, 1970, the defendant was found guilty of murder in the second degree and was sentenced to life imprisonment. He appealed, briefs were submitted by the parties, and the matter was argued before this court at its January sitting. Subsequently, on January 30, 1973, the defendant was granted a six day furlough from the institution to which he had been committed. He has never returned from that furlough. On learning that the defendant was a fugitive, the attorney for the Commonwealth filed a motion to dismiss the appeal. At the hearing on the motion, counsel for the defendant agreed that the defendant had been granted a furlough, had not returned at its expiration, and that his whereabouts were unknown. In Commonwealth v. Rezendes, 353 Mass. 228, it was clearly
Appeal dismissed.