COMMONWEALTH v. OSBORNE


445 Mass. 776 (2006)

COMMONWEALTH v. WILLIAM M. OSBORNE.

Supreme Judicial Court of Massachusetts, Suffolk.

January 17, 2006.


Attorney(s) appearing for the Case

Amanda Lovell, Assistant District Attorney, for the Commonwealth.

Deborah Bates Riordan (Theodore Riordan with her) for the defendant.

Present: Marshall, C.J., Greaney, Ireland, Spina, & Cordy, JJ.


CORDY, J.

Following a bench trial in the Dorchester Division of the District Court Department, William M. Osborne was convicted of possession of a class B substance. He has contended on appeal that the waiver of his right to trial by jury was ineffective, and his conviction therefore invalid, because he did not sign a written waiver as required by G. L. c. 263, § 6, and Mass. R. Crim. P. 19 (a), 378 Mass. 888 (1979). The Appeals Court reversed and set aside the...

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