Com. v. Stewart
| Court | Massachusetts Supreme Judicial Court |
| Writing for the Court | Before TAURO |
| Citation | 279 N.E.2d 697,361 Mass. 857 |
| Decision Date | 10 February 1972 |
| Parties | COMMONWEALTH v. Edson K. STEWART. |
Page 697
v.
Edson K. STEWART.
Decided Feb. 10, 1972.
Page 698
Francis E. Dolan, Jr., Greenfield, for defendant.Jack D. Curtiss, Asst. Dist. Atty., for Commonwealth.
Before TAURO, C.J., and CUTTER, QUIRICO, BRAUCHER and HENNESSEY, JJ.
[361 Mass. 857] RESCRIPT.
This case involves the application of G.L. c. 277, § 72A, as appearing in St. 1965, c. 343, granting to certain defendants the right to apply for a 'prompt trial or other disposition' of any indictment, information or [361 Mass. 858] complaint brought against them. Complaints were filed and warrants issued by the District Court of Eastern Franklin on September 15, 1969, charging the defendant with unauthorized use of a motor vehicle, breaking and entering a building in the daytime with the intent to commit a felony, stealing in a building, putting in fear for the purpose of stealing in a building, and unlawful escape. At the time that these warrants were issued, the defendant was incarcerated at the Massachusetts Correctional Institution at Walpole. On December 2, 1969, the defendant, pursuant to G.L. c. 277, § 72A, made application to the District Court for a prompt trial or other disposition of the complaints. In January, 1970, he was indicted and convicted of the unlawful escape charge. In May, 1970, he was indicted for the other crimes contained in the earlier complaints and was tried on those indictments on September 29, 1970. Prior to trial the defendant's motion to dismiss the indictments for failure to afford him a speedy trial was denied. The case is before us on his exception to that ruling. The judge was correct in denying the motion. We are not faced here with any constitutional questions involving delay so long that a presumption arises that a fair trial cannot be had. Commonwealth v. Green, 353 Mass. 687, 689--690, 234 N.E.2d 534. Rather, we interpret a statute which establishes a priority for trials of defendants who are already in custody. COMMONWEALTH V. LAURIA, MASS. , 268 N.E.2D 363.A The statute provides that within six months after the defendant's application is received by the court, he shall 'be brought into court for trial or other disposition of any such indictment, information or complaint, unless the court shall otherwise order.' G.L. c. 277, § 72A. In this case, the indictments returned in May, 1970, and the complaints filed...
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Com. v. Gove
...It 'establishes a priority for trials of defendants who are already in custody.' Commonwealth v. Stewart, --- Mass. ---, ---, 279 N.E.2d 697, 698 (1972); b Commonwealth v. Lauria, 359 Mass. 168, 171, 268 N.E.2d 363 (1971). It furnishes a ready method for inmates to accelerate action on poss......
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Com. v. Jones
...of a "disposition" within six months was initially satisfied when the defendant was indicted on May 13, 1976. Commonwealth v. Stewart, 361 Mass. 857, 279 N.E.2d 697 (1972). We shall assume without deciding that a pretrial disposition does not completely satisfy the Commonwealth's statutory ......
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Com. v. Underwood
...to expedite and dispose of charges pending against an individual who is already serving a term of imprisonment. Commonwealth v. Stewart, 361 Mass. 857, 279 N.E.2d 697 (1972). Commonwealth v. Gove, --- Mass. ---, --- a, 320 N.E.2d 900 (1974). The charge of which an applicant seeks a speedy d......
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Com. v. Fields
...events within the statutory period may meet the statutory requirements of 'other disposition.' See, e.g., Commonwealth v. Stewart, 361 Mass. 857, 279 N.E.2d 697 (1972) (indictments returned); Commonwealth v Royce, 358 Mass. 597, 266 N.E.2d 308 (1971) Even if the trial court upon proper appl......
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Com. v. Gove
...It 'establishes a priority for trials of defendants who are already in custody.' Commonwealth v. Stewart, --- Mass. ---, ---, 279 N.E.2d 697, 698 (1972); b Commonwealth v. Lauria, 359 Mass. 168, 171, 268 N.E.2d 363 (1971). It furnishes a ready method for inmates to accelerate action on poss......
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Com. v. Jones
...of a "disposition" within six months was initially satisfied when the defendant was indicted on May 13, 1976. Commonwealth v. Stewart, 361 Mass. 857, 279 N.E.2d 697 (1972). We shall assume without deciding that a pretrial disposition does not completely satisfy the Commonwealth's statutory ......
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Com. v. Underwood
...to expedite and dispose of charges pending against an individual who is already serving a term of imprisonment. Commonwealth v. Stewart, 361 Mass. 857, 279 N.E.2d 697 (1972). Commonwealth v. Gove, --- Mass. ---, --- a, 320 N.E.2d 900 (1974). The charge of which an applicant seeks a speedy d......
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Com. v. Fields
...events within the statutory period may meet the statutory requirements of 'other disposition.' See, e.g., Commonwealth v. Stewart, 361 Mass. 857, 279 N.E.2d 697 (1972) (indictments returned); Commonwealth v Royce, 358 Mass. 597, 266 N.E.2d 308 (1971) Even if the trial court upon proper appl......