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COMMONWEALTH v. RODRIQUEZ

333 Mass. 501 (1956)

131 N.E.2d 774

COMMONWEALTH vs. SANTOS RODRIQUEZ.

Supreme Judicial Court of Massachusetts, Hampden.

February 2, 1956.

Attorney(s) appearing for the Case

Walter A. Swift, (John J. O'Connor with him,) for the defendant.

Walter J. Griffin, Assistant District Attorney, (Stephen A. Moynahan, District Attorney, with him,) for the Commonwealth.

Present: QUA, C.J., WILKINS, SPALDING, WILLIAMS, & WHITTEMORE, JJ.

SPALDING, J.

At the threshold lies a question of jurisdiction which must be noticed. Following his conviction for murder in the second degree, the defendant attempted to bring the case here by appeal under G.L. (Ter. Ed.) c. 278, § 33B. Since, this was an indictment for murder it was subject to §§ 33A-33G of c. 278 and the case was appealable under § 33B. That section provides that one desiring to appeal "shall, within twenty days after verdict...

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