General Laws of Massachusetts - Chapter 278 Trials and Proceedings Before Judgment
- Massachusetts General Laws - Trial list of criminal cases, adding cases to list - Chapter 278, Section 1
At each session of the superior court for criminal business, the district attorney, before trials begin, shall make and deposit with the clerk, for the...
- Massachusetts General Laws - Trial of issues of fact - Chapter 278, Section 2
Issues of fact joined upon an indictment or complaint shall, in the superior court, be tried by a jury drawn and returned in the manner...
- Massachusetts General Laws - Repealed, 1979, 344, Sec. 43 - Chapter 278, Section 2A 3
Repealed, 1979, 344, Sec.
- Massachusetts General Laws - Oaths of jurors - Chapter 278, Section 4
The following oath shall be administered to the jurors for the trial of all criminal cases which are not capital: You shall well and truly...
- Massachusetts General Laws - Affirmation of jurors - Chapter 278, Section 5
A juror who is conscientiously scrupulous of taking either of the oaths above prescribed shall be allowed to affirm.
- Massachusetts General Laws - Repealed, 1979, 344, Sec. 43 - Chapter 278, Section 6
Repealed, 1979, 344, Sec.
- Massachusetts General Laws - Testimony concerning ownership in cases involving motor vehicle theft or fraudulent claims; preservation of testimony - Chapter 278, Section 6A
At the arraignment of a defendant charged with violating the provisions of sections twenty-seven A, twenty-eight, twenty-nine, one hundred and eleven A and one hundred...
- Massachusetts General Laws - Burden to prove license or admission to practice as attorney at law - Chapter 278, Section 7
A defendant in a criminal prosecution, relying for his justification upon a license, appointment, admission to practice as an attorney at law, or authority, shall...
- Massachusetts General Laws - Justification in libel cases - Chapter 278, Section 8
The defendant in a prosecution for writing or publishing a libel may introduce in evidence the truth of the matter contained in the publication charged...
- Massachusetts General Laws - Killing or injuring a person unlawfully in a dwelling; defense - Chapter 278, Section 8A
In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling,...
- Massachusetts General Laws - Proof of ownership of property - Chapter 278, Section 9
In the prosecution of crimes which relate to or affect real or personal estate, it shall be sufficient, and shall not be a variance, if...
- Massachusetts General Laws - Night time; definition - Chapter 278, Section 10
If a crime is alleged to have been committed in the night time, night time shall be deemed the time between one hour after sunset...
- Massachusetts General Laws - Directed verdict; setting aside verdict, new trial or finding of guilty of included offense - Chapter 278, Section 11
If a motion for a directed verdict of not guilty is denied and the case is submitted to the jury and a verdict of guilty...
- Massachusetts General Laws - Habitual criminals; separate trial on issue of prior conviction - Chapter 278, Section 11A
If a defendant is charged with a crime for which more severe punishment is provided for second and subsequent offenses, and the complaint or indictment...
- Massachusetts General Laws - Acquittal of part of crime and conviction of residue - Chapter 278, Section 12
If a person indicted for a felony is acquitted by the verdict of part of the crime charged, and is convicted of the residue, such...
- Massachusetts General Laws - Repealed, 1970, 888, Sec. 8 - Chapter 278, Section 13
Repealed, 1970, 888, Sec.
- Massachusetts General Laws - Liability for fees of person acquitted - Chapter 278, Section 14
No prisoner or person under recognizance, acquitted by verdict or discharged because no indictment has been found against him, or for want of prosecution, shall...
- Massachusetts General Laws - Discontinuance of prosecution under by-laws, ordinances, etc. - Chapter 278, Section 15
In a prosecution before a district court under the by-laws, ordinances, orders, rules or regulations of a city or town, the city solicitor, town counsel...
- Massachusetts General Laws - Assignment of counsel for inmates of institutions for reformation of juvenile offenders - Chapter 278, Section 16
The court may assign counsel to an inmate of any institution for the reformation of juvenile offenders who is to be tried for an offence...
- Massachusetts General Laws - Exclusion of public from trial for sex offenses involving minors under age of eighteen - Chapter 278, Section 16A
At the trial of a complaint or indictment for rape, incest, carnal abuse or other crime involving sex, where a minor under eighteen years of...
- Massachusetts General Laws - Exclusion of public from trial of criminal proceeding involving husband and wife - Chapter 278, Section 16B
The presiding justice of a district court may exclude the general public from the court room during the trial of any criminal proceeding involving husband...
- Massachusetts General Laws - Exclusion of public from trial involving crime of incest or rape - Chapter 278, Section 16C
To protect the parties involved at a trial arising from a complaint or indictment for incest or rape, the trial judge may exclude all spectators...
- Massachusetts General Laws - Child witness testimony; videotaping or transmission by simultaneous electronic means in certain cases - Chapter 278, Section 16D
(a) For the purposes of this section, the following words shall have the following meanings:— “Child witness”, a person who is under the age of...
- Massachusetts General Laws - Repealed, 1994, 352, Sec. 2 - Chapter 278, Section 16E
Repealed, 1994, 352, Sec.
- Massachusetts General Laws - Expedited trials of sex crimes involving minor children as victims or witnesses; continuance; impact statement - Chapter 278, Section 16F
In any criminal proceeding involving an alleged sex crime perpetrated upon a minor child, or in which a minor child is expected to testify as...
- Massachusetts General Laws - Repealed, 1979, 344, Sec. 43B - Chapter 278, Section 17
Repealed, 1979, 344, Sec.
- Massachusetts General Laws - Pleas of not guilty, guilty or nolo contendere; requests for specific disposition; pretrial motions - Chapter 278, Section 18
A defendant who is before the Boston municipal court or a district court or a district court sitting in a juvenile session or a juvenile...
- Massachusetts General Laws - Repealed, 1978, 478, Sec. 303 - Chapter 278, Section 18A
Repealed, 1978, 478, Sec.
- Massachusetts General Laws - Repealed, 1992, 379, Sec. 194 - Chapter 278, Section 19 20
Repealed, 1992, 379, Sec.
- Massachusetts General Laws - Repealed, 1955, 131, Sec. 10 - Chapter 278, Section 21
Repealed, 1955, 131, Sec.
- Massachusetts General Laws - Repealed, 1992, 379, Sec. 194 - Chapter 278, Section 22
Repealed, 1992, 379, Sec.
- Massachusetts General Laws - Certain acts or omissions by defendant not admissible against him in criminal trial - Chapter 278, Section 23
At the trial of a criminal case in the superior court, upon indictment, or in a district court, the fact that the defendant did not...
- Massachusetts General Laws - Repealed, 1992, 379, Sec. 196 - Chapter 278, Section 24 to 26
Repealed, 1992, 379, Sec.
- Massachusetts General Laws - Repealed, 1979, 344, Sec. 43B - Chapter 278, Section 27
Repealed, 1979, 344, Sec.
- Massachusetts General Laws - Appeal to supreme judicial court - Chapter 278, Section 28
A defendant aggrieved by a judgment of the district court or of the superior court in any criminal proceeding may appeal therefrom to the supreme...
- Massachusetts General Laws - Appellate division of superior court for review of sentences - Chapter 278, Section 28A
There shall be an appellate division of the superior court for the review of sentences to the state prison imposed by final judgments in criminal...
- Massachusetts General Laws - Right of appeal to appellate division; time limit; stay of execution of sentence; jurisdiction; review of judgment, etc.; disposition - Chapter 278, Section 28B
A person aggrieved by a sentence which may be reviewed may appeal to the appellate division for a review of such sentence. Upon the imposition...
- Massachusetts General Laws - Amendment of judgment; resentencing or other disposition - Chapter 278, Section 28C
If the judgment is amended by an order substituting a different sentence or sentences or disposition of the case, the appellate division or any member...
- Massachusetts General Laws - Repealed, 2007, 61, Sec. 31 - Chapter 278, Section 28D
Repealed, 2007, 61, Sec.
- Massachusetts General Laws - Salary of clerk of appellate division - Chapter 278, Section 28D1/2
The clerk of the appellate division shall receive from the commonwealth as salary an amount equal to 10 per cent of, and in addition to,...
- Massachusetts General Laws - Appeals by commonwealth - Chapter 278, Section 28E
An appeal may be taken by and on behalf of the commonwealth by the attorney general or a district attorney from the district court to...
- Massachusetts General Laws - Repealed, 1979, 344, Sec. 46 - Chapter 278, Section 29 29A
Repealed, 1979, 344, Sec.
- Massachusetts General Laws - Withdrawal of uncounseled guilty plea - Chapter 278, Section 29B
If a defendant having a right to counsel in a criminal proceeding has not been represented by counsel or has not properly waived his right...
- Massachusetts General Laws - Repealed, 1979, 344, Sec. 48 - Chapter 278, Section 29C
Repealed, 1979, 344, Sec.
- Massachusetts General Laws - Conviction upon plea of guilty, nolo contendere or an admission to sufficient facts; motion to vacate - Chapter 278, Section 29D
The court shall not accept a plea of guilty, a plea of nolo contendere, or an admission to sufficient facts from any defendant in any...
- Massachusetts General Laws - Repealed, 1979, 344, Sec. 48 - Chapter 278, Section 30 to 31C
Repealed, 1979, 344, Sec.
- Massachusetts General Laws - Repealed, 1979, 346, Sec. 1 - Chapter 278, Section 32 to 33D
Repealed, 1979, 346, Sec.
- Massachusetts General Laws - Capital cases; review by supreme judicial court - Chapter 278, Section 33E
In a capital case as hereinafter defined the entry in the supreme judicial court shall transfer to that court the whole case for its consideration...
- Massachusetts General Laws - Repealed, 1979, 346, Sec. 3 - Chapter 278, Section 33F to 33H
Repealed, 1979, 346, Sec.
- Massachusetts General Laws - Motions in arrest of judgment - Chapter 278, Section 34
No motion in arrest of judgment shall be allowed for a cause existing before verdict, unless it affects the jurisdiction of the court.
- Massachusetts General Laws - Trial of male and female prisoners - Chapter 278, Section 35
In all trials in district courts, male and female prisoners shall not be placed at the same time in the same dock, unless they are...
Last modified: September 11, 2015