Commonwealth v. Landry

The defendant was convicted by a jury of carrying a revolver in violation of G. L. c. 269, § 10(a). His appeal under G. L. c. 278, § 28, brings us only "matter[s] of law apparent upon the record.” The “record” as used in that statute does not include the “Agreed Statement of Facts and Case” filed after the defendant’s conviction. “The word 'record’... refers to something already existing when the appeal is taken.” Harrington v. Anderson, 316 Mass. 187, 191 (1944), cited in Commonwealth v. Berney, 353 Mass. 571, 572 (1968). Such an appeal does not bring up the evidence for review. Guerin v.…