Commonwealth v. Allen

„ Braucher, J.

A single justice of this court has allowed the joint motion of the defendants under G. L. c. 279, § 4, for stay of execution of sentences pending appeal, and on the Commonwealth’s motion has reported to the full court questions of law raised by his decisions. G. L. c. 211, §§ 5, 6. We uphold those decisions. We also review the procedure to be followed in such cases. Cf. Commesso v. Commonwealth, 369 Mass. 368 (1975) (bail appeals before trial).

We summarize the agreed facts. In October, 1977, the defendants were indicted for conspiracy to commit arson and conspiracy to defraud an…