Commonwealth v. Abramson

Massachusetts Supreme Judicial Court

Commonwealth v. Abramson

180 N.E.2d 325, 343 Mass. 779, 1962 Mass. LEXIS 887

CourtMassachusetts Supreme Judicial Court

DecidedFebruary 16, 1962

StatusPublished

Cited by1 cases

This text of 180 N.E.2d 325 (Commonwealth v. Abramson) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Abramson, 180 N.E.2d 325, 343 Mass. 779, 1962 Mass. LEXIS 887 (Mass. 1962).

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Opinion

Appeal dismissed. On September 18, 1957, the defendant, who was represented by counsel, pleaded guilty to an indictment charging robbery while armed. Thereupon, a sentence of not more than fifteen years nor less than twelve years at the Correctional Institution at Walpole was imposed. The defendant at that time was notified of his right to request leave to appeal to the Appellate Division (G. L. c. 278, §§ 28A-28D, inserted by St. 1943, c. 558, § 1, as amended) on the matter of sentence, but he never exercised that right. On April 3, 1961, more than three and one half years later, the defendant filed in the Superior Court a motion for a copy of the transcript and a motion for the waiving of filing fees. Both motions were denied and the defendant appealed. G. L. c. 278, § 28. The appeal is not properly here, for it is not from a “judgment . . . founded upon matter of law apparent upon the record.”

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Appeal dismissed. On September 18, 1957, the defendant, who was represented by counsel, pleaded guilty to an indictment charging robbery while armed. Thereupon, a sentence of not more than fifteen years nor less than twelve years at the Correctional Institution at Walpole was imposed. The defendant at that time was notified of his right to request leave to appeal to the Appellate Division (G. L. c. 278, §§ 28A-28D, inserted by St. 1943, c. 558, § 1, as amended) on the matter of sentence, but he never exercised that right. On April 3, 1961, more than three and one half years later, the defendant filed in the Superior Court a motion for a copy of the transcript and a motion for the waiving of filing fees. Both motions were denied and the defendant appealed. G. L. c. 278, § 28. The appeal is not properly here, for it is not from a “judgment . . . founded upon matter of law apparent upon the record.”

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Bluebook (online)

180 N.E.2d 325, 343 Mass. 779, 1962 Mass. LEXIS 887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-abramson-mass-1962.

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