Commonwealth v. Dorius

The defendant’s appeal from his conviction under G. L. c. 272, § 28A, as amended through St. 1959, c. 492, § 2, was dismissed for want of jurisdiction (because of failure seasonably to obtain the application of Gr. L. c. 278, §§ 33A-33G-, to this case) in Commonwealth v. Dorius, 343 Mass. 533, 536. The trial judge (who heard the case without a jury in the Superior Court) has now reported several questions of law for our decision. G. L. c. 278, § 30.

1. There is no merit to the Commonwealth’s contention that the report is not properly before us. When the report was made, a stay of the sentence…