Commonwealth v. Abrams

The Commonwealth appeals from an order granting the defendant a new trial. Some eleven years after being convicted of manslaughter, the defendant filed a motion styled as one to withdraw admission to sufficient facts in the Superior Court.2 The judge allowed the motion, treating it as *585one for a new trial, on the ground that the trial judge had impermissibly “conducted] a trial by stipulated facts.” On appeal, the Commonwealth argues that the proceeding that resulted in the defendant’s conviction was a valid, jury-waived trial and that the judge, therefore, should have denied the defendant’s…