Com. v. Royce
| Court | United States State Supreme Judicial Court of Massachusetts |
| Writing for the Court | Before TAURO; REARDON |
| Citation | 358 Mass. 597,266 N.E.2d 308 |
| Parties | COMMONWEALTH v. William ROYCE. |
| Decision Date | 29 January 1971 |
Page 308
v.
William ROYCE.
Decided Jan. 29, 1971.
[358 Mass. 598]
Page 309
Albert L. Hutton, Jr., Boston, for defendant.Gerald F. Muldoon, Asst. Dist. Atty., for the Commonwealth.
Before [358 Mass. 597] TAURO, C.J., and SPALDING, CUTTER, REARDON and QUIRICO, JJ.
[358 Mass. 598] REARDON, Justice.
The defendant was indicted and found guilty on three counts of armed robbery in the Superior Court in a trial held subject to G.L. c. 278, §§ 33A--33G. He is here on an assignment of errors, arguing to us only two of the four that he originally alleged.
1. The defendant bases his first assignment on G.L. c. 277, § 72A, as appearing in St.1965, c. 343, which makes mandatory upon the respective officers in charge of prisoners that they notify any prisoner currently serving time of any 'untried indictment, information or complaint * * * pending in any court in the commonwealth against * * * (him).' The prisoner then has the right to apply to the court in which the charges are pending for 'prompt trial or other disposition' of the charges. The statute further requires that '(a)ny such prisoner shall, within six months after such application is received by the court, be brought into court for trial or other disposition of any * * * indictment, information or complaint, unless the court shall otherwise order.' The defendant contends that the requirements of the statute were not satisfied because he filed such an application on July 3, 1969, while confined at the Correctional Institution at Walpole on an unrelated charge but his trial did not take place until April 6, 1970.
We note, however, that the defendant's application was with reference to a warrant against him for armed robbery issued from the Municipal Court of the Roxbury District on September 4, 1968. That warrant is not before us, and the sole evidence here that it and the indictment dated October 15, 1969, on which the defendant was tried and convicted [358 Mass. 599] in the Superior Court in Suffolk County related to the same
Page 310
crime is the bare statement of counsel for the defendant to that effect. In fact, the defendant testified he had never seen the warrant.Assuming, however, that the warrant and the subsequent indictment related to the same offence, there was still no violation of G.L. c. 277, § 72A, which requires that the application under it be to the court...
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Com. v. Gove
...the effect of the statute on successive indictments, informations or complaints relating to the same offense. See Commonwealth v. Royce, 358 Mass. 597, 599, 266 N.E.2d 308 (1971); COMMONWEALTH V. STEWART, ---, MASS. ---, 279 N.E.2D 697 (1972)C. See also fns. 7, 8, Page 905 II. The Sixth Ame......
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Com. v. Jones
...of another six-month period for trial or other disposition under the original § 72A application. See, e.g., Commonwealth v. Royce, 358 Mass. 597, 599, 266 Page 530 N.E.2d 308 (1971); Commonwealth v. Stewart, 361 Mass. at 858, 279 N.E.2d 697; Commonwealth v. Underwood, 3 Mass.App. at --- - -......
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Com. v. Underwood
...(1974). The charge of which an applicant seeks a speedy disposition must have a status before a particular court (Commonwealth v. Royce, 358 Mass. 597, 599, 266 N.E.2d 308 (1971); Commonwealth v. Gove, supra), and the statute directs that application be made to that Accordingly, we focus in......
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Com. v. Leaster
...Mass. 721, 725, 260 N.E.2d 167, denial of habeas corpus affirmed, Allen v. Moore, 453 F.2d 970 (1st Cir.); Commonwealth v. Royce, Mass., 266 N.E.2d 308 (Mass.Adv.Sh. (1971) 61, 62--63); Commonwealth v. Wilson, Mass., 276 N.E.2d 283 (Mass.Adv.Sh. (1971) 1731, 1734); Commonwealth v. Tempesta,......
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Com. v. Gove
...the effect of the statute on successive indictments, informations or complaints relating to the same offense. See Commonwealth v. Royce, 358 Mass. 597, 599, 266 N.E.2d 308 (1971); COMMONWEALTH V. STEWART, ---, MASS. ---, 279 N.E.2D 697 (1972)C. See also fns. 7, 8, Page 905 II. The Sixth Ame......
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Com. v. Jones
...of another six-month period for trial or other disposition under the original § 72A application. See, e.g., Commonwealth v. Royce, 358 Mass. 597, 599, 266 Page 530 N.E.2d 308 (1971); Commonwealth v. Stewart, 361 Mass. at 858, 279 N.E.2d 697; Commonwealth v. Underwood, 3 Mass.App. at --- - -......
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Com. v. Underwood
...(1974). The charge of which an applicant seeks a speedy disposition must have a status before a particular court (Commonwealth v. Royce, 358 Mass. 597, 599, 266 N.E.2d 308 (1971); Commonwealth v. Gove, supra), and the statute directs that application be made to that Accordingly, we focus in......
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Com. v. Leaster
...Mass. 721, 725, 260 N.E.2d 167, denial of habeas corpus affirmed, Allen v. Moore, 453 F.2d 970 (1st Cir.); Commonwealth v. Royce, Mass., 266 N.E.2d 308 (Mass.Adv.Sh. (1971) 61, 62--63); Commonwealth v. Wilson, Mass., 276 N.E.2d 283 (Mass.Adv.Sh. (1971) 1731, 1734); Commonwealth v. Tempesta,......