COMMONWEALTH v. DE LA ZERDA


416 Mass. 247 (1993)

619 N.E.2d 617

COMMONWEALTH vs. JOHN E. DE LA ZERDA.

Supreme Judicial Court of Massachusetts, Middlesex.

September 15, 1993.


Attorney(s) appearing for the Case

John J. Barter for the defendant.

Thomas F. Reilly, District Attorney, & James W. Sahakian, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & GREANEY, JJ.


WILKINS, J.

We are presented with the question of what to do with an appeal when a defendant dies after we have granted his application for further appellate review of an order denying his motion for a new trial.

In May, 1987, the defendant waived his right to an initial jury trial and admitted to sufficient facts to support a charge of indecent assault and battery on a child. Based on his admission, the judge found...

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