255 Mass. 227 | Mass. | 1926
This is a petition to establish the truth of exceptions disallowed by a judge of the Superior Court. It is alleged in the petition “That on January 9, 1925, the time for the filing of the defendant’s exceptions was extended to February 4, 1925; that the defendant’s exceptions were
The trial judge has no power to revive the right of a defendant in a criminal case to file exceptions after the time for filing exceptions as previously limited has expired. The language of G. L. c. 278, § 31, in this particular is the same as that of G. L. c. 231, § 113. That point is settled. Hack v. Nason, 190 Mass. 346. Barnard Manuf. Co. v. Eugen C. Andres Co. 234 Mass. 148, 152. C. F. Hovey, petitioner, 254 Mass. 551. The right of the defendant to file exceptions had come to an end before the exceptions here sought to be established were filed. Since the exceptions were not filed within the time allowed by law, the petition to establish their truth cannot be considered.
Petition dismissed.