A single justice correctly sustained a demurrer to a petition in the county court brought under G. L. c. 211, § 3, as amended by St. 1956, c. 707, § 1, to review a conviction for larceny in the Municipal Court of the City of Boston. This court, as matter of discretion, seldom will exercise the authority given to it under § 3, especially where another remedy exists. The demurrer to the petition for a writ of error, seeking review of the same conviction, is an unsatisfactory method of dealing with allegations of the type set out in the petition. As matter of discretion, the single justice appropriately should have withheld action on the demurrer until after obtaining a more complete record concerning the Municipal Court proceeding either (1) by requiring an extended return from the Municipal Court judge (cf. Southwick Birds & Animals, Inc. v. County Commrs. of
So ordered.