Commonwealth v. Galazka

*908Following a jury-waived trial in Superior Court, defendant Michael Galazka was convicted of statutory rape of a child (two counts), aggravated rape of a child, and assault and battery. We affirm, and take this opportunity to emphasize that before a judge is required to conduct a hearing on a pretrial motion for “[ejxtra fees and costs” pursuant to G. L. c. 261, §§ 27A-27G, and to make any findings and rulings, the defendant must file with the clerk of court an affidavit of indigency that is “sworn to under oath.” G. L. c. 261, § 27B, inserted by St. 1974, c. 694, § 3.

The evidence presented at…