Section 29. A prisoner held in jail for trial upon an indictment for an offence not punishable by death or by imprisonment for life, or so held upon an appeal, at any time except during a sitting of the superior court for criminal business in the county where he is held, may petition said court that he be brought before the court at a sitting thereof for civil business in that county in order that disposition may be made of his case. After due notice to the district attorney, and with his consent, the court may grant the petition, and the presiding justice may dispose of the case, as if he were holding a sitting of the court for criminal business, or he may continue the case to the next sitting of the court for criminal business. When a person who has a right to so petition is committed to jail, the keeper thereof shall notify him of such right, furnish him with a blank form for its exercise, and transmit it to the court, if signed by him. This section shall not apply in cases in which two or more persons are held on one complaint or indictment, unless all the defendants join in the petition.

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Terms Used In Massachusetts General Laws ch. 212 sec. 29

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.