(DOWNLOAD) "Fine v. Commonwealth (Two Cases). Fine V." by Supreme Judicial Court of Massachusetts ~ Book PDF Kindle ePub Free

March 23, 2021

eBook details

Title: Fine v. Commonwealth (Two Cases). Fine V.
Author : Supreme Judicial Court of Massachusetts
Release Date : January 27, 1942
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 74 KB

Description

COX, Justice. These are four petitions, the allegations of which, according to the consolidated bill of exceptions, are substantially the same, praying for stay of execution of sentence and for the issuance of writs of error, certiorari and , wherein the petitioner seeks to be admitted to bail and to have certain orders and the imposition of sentence declared erroneous. On May 23, 1941, the petitioner was found guilty by a jury under an indictment charging him with being an accessory before the fact to the crime of burning a dwelling house with the intent to defraud certain insurance companies, and was sentenced to two years in the house of correction. At the same time execution of the sentence was stayed in accordance with G.L.(Ter.Ed.) c. 279, § 4, inserted by St.1935, c. 50, § 3. On July 14, 1941, the petitioner filed a motion for a new trial, and a bill of exceptions that is still pending and awaiting allowance. On September 9, 1941, the motion for new trial was allowed. On September 12, 1941, the Commonwealth filed a motion to disallow and vacate the allowance of the motion for new trial. On September 18, 1941, the chief Justice of the Superior Court, who had imposed sentence, 'allowed the Commonwealth's motion for a re-hearing on the motion for new trial, allowed the Commonwealth's motion to disallow and vacate the allowance of a motion for a new trial, and denied the motion for a new trial.' On May 4, 1942, the chief Justice revoked the stay and 'caused the said sentence to be re-imposed, a mittimus to issue, and the petitioner is now confined * * * under the said sentence.' Each petition was dismissed by a single Justice of this court, subject to an exception in each case.