Commonwealth v. Harris
This text of 398 N.E.2d 726 (Commonwealth v. Harris) 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.
Opinion
The defendant died the day after argument of his appeal in this court. If a criminal defendant dies while his appeal is under consideration, normally the judgment should be vacated and the indictment dismissed. Commonwealth v. Eisen, 368 Mass. 813 (1975). Neither the asserted importance of the issues nor any personal interest in the defendant’s vindication is sufficient to warrant deciding the appeal. Id. at 814. Counsel have not presented any other reason why we should decide this appeal. The matter of counsel fees will be decided by a single justice of this court.
Judgment on indictment No. 02436 is vacated; the case is remanded to the Superior Court where the indictment shall be dismissed.
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Cite This Page — Counsel Stack
398 N.E.2d 726, 379 Mass. 917, 1980 Mass. LEXIS 940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-harris-mass-1980.