Commonwealth v. Yee

The case is before us on an interlocutory report under the provisions of G. L. c. 278, § 30A, inserted by St. 1954, c. 528. There was a hearing below on February 3, 1972, on the defendant’s motion to dismiss. The trial judge presented the following questions: “ (1) What is the effective date of . . . [St. 1971, c. 1071, § 2]? (2) Assuming the effective date of . . . [St. 1971, c. 1071, § 2] is thirty (30) days after approval, what is the effect of ... [St. 1972, c. 2]? (3) May the defendant, who was indicted prior to the effective date of the repeal of c. 94, sections 212 and 212A, be tried…