Guilmette v. Com.

Decision Date11 June 1962
Citation344 Mass. 527,183 N.E.2d 298
PartiesPaul J. GUILMETTE v. COMMONWEALTH.
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court

Paul J. Guilmette, pro se.

James W. Bailey and Manuel Morse, Asst. Attys. Gen., for the Commonwealth.

Before WILKINS, C. J., and SPALDING, WHITTEMORE, CUTTER, and SPIEGEL, JJ.

WILKINS, Chief Justice.

This is a petition for a writ of error to reverse judgments rendered on December 20, 1960, in the Superior Court, Worcester County, in indictments for rape, robbery, violation of automobile laws by driving after suspension of license, and kidnapping. Among other things, it alleges in some detail that the petitioner, who was represented by counsel, in violation of his constitutional rights was coerced into pleading guilty to all the indictments. The single justice denied the petition. The petitioner excepted.

The docket entries in the Superior Court show that the cases were made subject to G.L. c. 278, §§ 33A-33G, as amended. General Laws (Ter.Ed.) c. 250, § 11, provides: 'A writ of error upon a judgment for a capital crime, murder in the second degree or manslaughter, or any other felony made subject to sections thirty-three A to thirty-three G, inclusive, of chapter two hundred and seventy-eight as provided in section thirty-one of said chapter, shall not issue, unless allowed by a justice of the supreme judicial court after notice to the attorney general or other attorney for the commonwealth; but a writ of error upon a judgment in any other criminal case shall issue as of course, but it shall not stay or delay the execution of the judgment or sentence, unless by an express order of a justice of the supreme judicial court, who may make a further order for the custody of the plaintiff in error or for releasing him on bail.'

The petitioner contends that he was entitled to a writ as of course. The trial, according to the docket, began on December 5, 1960, and his pleas of guilty were entered on December 15, 1960. Sentences were imposed on December 20, 1960. His reasoning seems to be that after the pleas there was no longer a 'criminal trial'; that there were 'Judgments on a plea of guilty--without trial'; and that inferentially the cases ceased to be made subject to G.L. c. 278, §§ 33A-33G, as amended. We are of opinion, however, that the cases continued to be thus subject.

It does not follow, however, that the petitioner cannot have a writ as of course. If he is limited to the procedure afforded by §§ 33A-33G, there would be nothing in the transcript of the evidence for the days of trial which would be of the slightest materiality to the issue of coercion, even assuming that there would be an 'opinion, ruling, direction or judgment' (§ 33B) to which he could properly except. It could not have been within legislative intent to restrict the granting of a writ of error in such a case to the discretion of the...

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6 cases
  • Com. v. Favulli
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 1 Marzo 1967
    ...that, so far as might be, reviewable issues of law should be reviewed on appeal rather than on writ of error. Guilmette v. Commonwealth, 344 Mass. 527, 529, 183 N.E.2d 298. (2) The alleged violation of art. 30 of the Declaration of Rights following the appointment of persons who were attorn......
  • Amado v. Com.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 7 Diciembre 1965
    ...his action. If the judge had refused to do so and an exception had been saved, then Amado could have tested (cf. Guilmette v. Commonwealth, 344 Mass. 527, 529, 183 N.E.2d 298, and see discussion in cases there cited) the propriety of his refusal by ordinary methods of appellate review. See ......
  • Lannon v. Com.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 8 Febrero 1980
    ...seasonable appeal under G.L. (Ter.Ed.) c. 278, §§ 33A-33G." Id. at 414, 95 N.E.2d at 159. As we indicated in Guilmette v. Commonwealth, 344 Mass. 527, 528-529, 183 N.E.2d 298 (1962), G.L. c. 250, § 11, does not leave to the discretion of a single justice the issuance of a writ of error upon......
  • Keenan v. Com.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 5 Diciembre 1963
    ...counsel of his own choosing. 2. There is no basis in the facts found for concluding that Keenan's confession was in any sense coerced. The Guilmette case (344 Mass. 527, 183 N.E.2d 298) and the Letters case (Mass., 193 N.E.2d 578 a have no application here. To us, the fair implication of th......
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