Commonwealth v. Benoit

An indictment against Benoit and John A. Letteney and an indictment against Joseph R. Crimmins charge violations of G. L. c. 268, § 8, 2 in 1960, or, as to Crimmins, in 1959. A third indictment charges Benoit and Letteney with conspiracy to commit the acts complained of in the other indictment against them. The indictments were returned May 10, 1963.

The defendants filed motions to quash and, on June 6, 1963, the judge in the Superior Court reported in each case what is essentially one issue as follows: “Did the repeal by . . . [St. 1962, c. 779, § 3 (effective, by § 4, May 1, 1963), of G. L.…