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Commonwealth v. Blondin

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eBook details

  • Title: Commonwealth v. Blondin
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 27, 1949
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

QUA, Chief Justice. These six cases all grow out of the separate indictment and conviction of each of the three defendants of the crimes of rape and of abuse of a female child under sixteen years of age. Each of the three indictments charged the two crimes in separate counts. The extreme penalty for each crime is life imprisonment. G.L. (Ter.Ed.) c. 265, §§ 22, 23. The three indictments were tried together and resulted in verdicts of guilty against each defendant on each count. The trial Judge sentenced each defendant on each count to imprisonment in the State prison for a term of forty to fifty years, the sentences on the two counts of each indictment to run concurrently. The Appellate Division of the Superior Court reduced the sentence on each count in each case to from twenty-five to thirty years. G.L. (Ter.Ed.) c. 278, §§ 28A-28D, as inserted by St.1943, c. 558, § 1, and as affected and amended in §§ 28A, 28B, and 28C by St.1945, c. 255, §§ 1, 2, 3. The period of actual confinement is subject to further substantial reduction for good conduct and for satisfactory and diligent performance of work. (G.L. [Ter.Ed.] c. 127, § 129, as appearing in St.1948, c. 450, § 1) and is subject to the possibility of parole as provided by law after a period of two thirds of the minimum sentence has elapsed. See G.L. (Ter.Ed.) c. 127, § 133, as amended by St.1946, c. 254. The six cases now before us consist or a bill of exceptions taken in connection with a motion for new trial upon each of the original indictments and a reservation and report by a single Justice of this court of proceedings upon writs of error sued out by the original defendants. The motions for new trial were filed after sentence but within the time allowed by G.L. (Ter.Ed.) c. 278, § 29, as appearing in St.1939, c. 271, § 1.


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