Commonwealth v. Rodriquez

At the threshold lies a question of jurisdiction which must be noticed. Following his conviction for murder in the second degree, the defendant attempted to bring the case here by appeal under G. L. (Ter. Ed.) c. 278, § 33B. Since this was an indictment for murder it was subject to §§ 33A-33G of c. 278 and the case was appealable under § 33B. That section provides that one desiring to appeal “shall, within twenty days aftér verdict,” file his claim of appeal. The verdict here was returned on December 14, 1954, but the claim of appeal was not filed until March 16, 1955, more than three months…