Commonwealth v. Eresian

The defendant, Ara Eresian, Jr., was convicted of criminal contempt in the Superior Court in Worcester County and fined $500. He appeals from this conviction and from the judge’s denial of his motion for a new trial. The case was transferred to this court on our own motion. On appeal the defendant argues that his conviction *166was obtained in violation of the procedure set forth in Mass. R. Crim. P. 44(a), 378 Mass. 920 (1979), for conducting non-summary criminal contempt proceedings. Our review of the record reveals that the defendant was not afforded his right to a jury trial as provided for…