Commonwealth v. Saya

Saya was convicted as an accessory before the fact to burglary (committed on December 24, 1978) of a house in Medway. He was acquitted on an indictment for burglary (on December 23, 1978) of that house. Upon his appeal from his conviction as accessory, two issues have been argued.

1. Saya objects to the allowance on February 4, 1980, by a Superior Court judge (not the trial judge) of an amendment of a clumsily expressed indictment (returned in March, 1979). Prior to the amendment the indictment *510stated in part (omitting the bracketed words in the following quotations) that the grand jurors “on…