Commonwealth v. HarrisAnnotate this Case
The Supreme Judicial Court affirmed the decision of the Appeals Court affirming the denial of a single justice of the Appeals Court denying Defendant's motion to stay execution of his sentence, holding that the Appeals Court did not err in denying Defendant's motion for a stay of execution of sentence.
Defendant was convicted of murder in the second degree and other offenses. Defendant later filed a motion for a new trial. The motion was denied, and Defendant's appeal was pending. Defendant also filed a motion to stay execution of sentence. A single justice denied the motion, and the court of appeals affirmed. The Supreme Judicial Court affirmed, holding that there was no error or abuse of discretion in the denial of a stay pending appeal from the denial of Defendant's motion for a new trial.