Massachusetts Statutes

Section 37. An excuse, exception or proviso not stated in the enacting clause of a statute creating a crime or stated only by reference to other provisions of the statute need not be negatived in the indictment unless necessary for a complete definition of the crime. If any statu…

Section 38. In a prosecution under any provision of chapter ninety-four C, for unlawfully manufacturing, dispensing or distributing a controlled substance in violation of any provision of said chapter, it shall be sufficient to allege that the defendant did unlawfully manufacture…

Section 39. The words used in an indictment may, except as otherwise provided in this section, be construed according to their usual acceptation in common language; but if certain words and phrases are defined by law, they shall be used according to their legal meaning. The follo…

Section 3A. On the day when veniremen are summoned pursuant to section one, section two, section two A, section two B, section two C, section two D, section two E or section two F to attend court for the formation of a grand jury, the clerk of courts in any county, or in Suffolk …

Section 4. If there is a deficiency of grand jurors, writs of venire facias may be issued to the constables of such towns as the court orders to return forthwith the further number of grand jurors required. In Middlesex county, letters of venire shall be issued to the jury commis…

Section 41. In an indictment for criminal dealing with personal property with intent to steal, an allegation that the defendant stole said property shall be sufficient; and such indictment may be supported by proof that the defendant committed larceny of the property, or embezzle…

Section 42. In prosecutions for buying, receiving or aiding in the concealment of stolen property known to have been stolen, it shall not be necessary to allege or prove that the person who stole the property has been convicted.

Section 43. In an indictment for perjury alleged to have been committed in a criminal case an allegation of the substance of the crime shall be sufficient; if alleged to have been committed in a civil case, an allegation of the nature of the controversy in general terms shall be …

Section 44. If, in an indictment for subornation of perjury or for attempting to incite or procure another person to commit perjury, it is alleged that perjury has been committed, an allegation of the perjury as provided in the preceding section and an allegation that the defenda…

Section 45. In an indictment under section thirty-five of chapter two hundred and seventy-two, an allegation that the defendant committed an unnatural and lascivious act with the person named or referred to in the indictment shall be sufficient.

Section 47. If a prisoner, under indictment for a capital crime, pleads guilty, upon being arraigned, the court shall award sentence against him; if he does not plead guilty, the court may assign him counsel and take all other measures preparatory to a trial, which shall, subject…

Section 47A. In a criminal case, any defense or objection based upon defects in the institution of the prosecution or in the complaint or indictment, other than a failure to show jurisdiction in the court or to charge an offense, shall only be raised prior to trial and only by a …

Section 5. The clerk of the court shall prepare an alphabetical list of the names of all persons returned as grand jurors, and, when they are to be impanelled, the first two persons named thereon shall be first called, and the following oath shall be administered to them: You, as…

Section 53. If a case is transferred for plea or trial and sentence pursuant to the Massachusetts Rules of Criminal Procedure, the district attorney for the county to which the case is transferred or the district attorney for the county from which the case is transferred shall ha…

Section 54. If a change of venue is ordered, the sheriff having custody of the prisoner shall forthwith deliver him to the sheriff of the county to which the venue has been changed, who shall receive and safely keep him as if the indictment had been found in such county.

Section 55. A justice of the court, sitting at the trial or other proceedings upon an indictment for murder, may allow reasonable compensation for the services of counsel assigned to defend the prisoner if he is otherwise unable to procure counsel, and such compensation shall be …

Section 56. The reasonable expenses incurred and paid by counsel assigned by the court for the defense of a person indicted for murder, who is otherwise unable to procure counsel, shall be paid by the commonwealth after approval by a justice sitting at the trial or other proceedi…

Section 57. A crime committed on or within one hundred rods of the boundary line of two counties may be alleged to have been committed, and may be prosecuted and punished, in either county; and if committed on or within fifty rods of the boundary line of two judicial districts, i…

Section 57A. A defendant shall not be discharged for want of jurisdiction if the evidence discloses that the crime with which he is charged was actually committed without the county or the territorial jurisdiction of the court in which he is being tried; provided, that the attorn…

Section 58. Larceny, whether at common law or as defined by section thirty of chapter two hundred and sixty-six, may be prosecuted and punished in any county where the defendant had possession of the property alleged to have been stolen.

Section 58A. The crime of buying, receiving or concealing a stolen motor vehicle or trailer, as defined in section twenty-eight of chapter two hundred and sixty-six, and the crime of buying, receiving or aiding in the concealment of stolen or embezzled property, as defined in sec…

Section 58B. The crime of embezzlement or fraudulent conversion or appropriation by a fiduciary of money, goods or property held or possessed by him, as set forth in section fifty-seven of chapter two hundred and sixty-six, including the fraudulent disposition or destruction of s…

Section 59. The crime of obtaining money or a personal chattel by a false pretence, and the crime described in section thirty-one of chapter two hundred and sixty-six, may be alleged to have been committed, and may be prosecuted and punished, in any county where the false pretenc…

Section 59A. The crime described in section fourteen of chapter two hundred and sixty-nine may be prosecuted and punished in the territorial jurisdiction in which the communication originates or is received.

Section 6. If a person who is returned as a grand juror is conscientiously scrupulous of taking the oath prescribed, he may affirm.

Section 60. If a mortal wound is given, or if other violence or injury is inflicted, or if poison is administered, in one county, by means whereof death ensues in another county, the homicide may be prosecuted and punished in either county.

Section 61. If a mortal wound is given, or if other violence or injury is inflicted, or if poison is administered, on the high seas or on land either within or without the commonwealth, by means whereof death ensues in any county thereof, the homicide may be prosecuted and punish…

Section 62. If a mortal wound is given, or if other violence or injury is inflicted, or if poison is administered, in any county of the commonwealth, by means whereof death ensues without the commonwealth, the homicide may be prosecuted and punished in the county where the act wa…

Section 62A. Any criminal violation of chapter two hundred and nine A may be prosecuted and punished in the territorial jurisdiction in which the violation was committed or in which the original order under said chapter two hundred and nine A was issued.

Section 62B. The crime of stalking, as set forth in section forty-three of chapter two hundred and sixty-five, may be prosecuted and punished in any territorial jurisdiction of the commonwealth wherein an act constituting an element of the crime was committed.

Section 62C. A violation of section 35A of chapter 266 may be prosecuted and punished in: (1) the county in which the residential property for which a mortgage loan is being sought is located; (2) the county in which any act was performed in furtherance of the violation; (3) the …

Section 63. An indictment for murder may be found at any time after the death of the person alleged to have been murdered. An indictment or complaint for an offense set forth in section 13B, 13B1/2, 13B3/4, 13F, 13L, 22A, 22B, 22C, 22D, 23, 23A, 23B, 24B or subsection (b) of sect…

Section 64. If an indictment, duly found and returned within the time limited by law against a corporation to recover a pecuniary penalty, is abated or otherwise avoided or defeated by reason of any matter of form, or if after a verdict against such corporation judgment is arrest…

Section 65. After the finding of an indictment for murder, the defendant, if in custody, shall forthwith be served by the sheriff or his deputy with a copy thereof and with an order of the court notifying him that the indictment will be entered forthwith upon the docket of the su…

Section 66. A prisoner indicted for a crime punishable with death or imprisonment for life, upon demand by him or his counsel upon the clerk, shall have a list of the jurors who have been returned and process to summon witnesses who are necessary to his defence, at the expense of…

Section 67. Whoever, having been indicted for felony, is under recognizance or in custody to answer therefor shall be entitled to a copy of the indictment and of all endorsements thereon without charge.

Section 68. The attorney general and district attorneys may issue subpoenas under their hands for witnesses to appear and testify on behalf of the commonwealth, and such subpoenas shall have the same force, and be obeyed in the same manner, and under the same penalties, in case o…

Section 70. A justice of a court of record may at any time order a witness for the commonwealth in a criminal case or in a case under sections fifty-two to sixty-four, inclusive, of chapter one hundred and nineteen, pending in such court to recognize, with or without sureties, to…

Section 70B. Except as otherwise provided by law, a criminal case shall not be placed on file, on motion of a district attorney or assistant district attorney, unless such motion is accompanied by a written statement of the reasons for such disposition, signed by the district att…

Section 70C. Upon oral motion by the commonwealth or the defendant at arraignment or pretrial conference, or upon the court's own motion at any time, the court may, unless the commonwealth objects, in writing, stating the reasons for such objection, treat a violation of a municip…

Section 73. Any person in the commonwealth kept in confinement awaiting trial for more than six months after having been indicted, and finally acquitted or discharged without trial, if the delay in trial was not at his request or with his consent, or at the request or with the co…

Section 78. No proceedings against a person for a crime shall bar a civil action which might otherwise be maintained by a person aggrieved by the commission of the crime.

Section 79. The provisions of this chapter, and the forms hereto annexed, shall apply as well to complaints as to indictments, and such forms shall be sufficient in cases to which they are applicable. In other cases, forms as nearly like the forms hereto annexed as the nature of …

Section 1. Upon written application of the attorney general to the chief justice of the superior court department, with good cause stated therein, the chief justice may authorize the convening of a statewide grand jury with jurisdiction extending throughout the commonwealth.

Section 2. The chief justice of the superior court department shall, upon granting an application, receive recommendations from the attorney general as to the county in which the statewide grand jury shall sit. Upon receiving the attorney general's recommendations, the chief just…