COMMONWEALTH vs. JOHN JOSEPH KERRIGAN.

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COMMONWEALTH vs. JOHN JOSEPH KERRIGAN.

346 Mass. 786

February 5, 1964

Appeal dismissed. John J. Kerrigan is before this court upon an appeal from a denial of his motion for a new trial, a petition for a rehearing of his original appeal (Commonwealth v. Kerrigan, 345 Mass. 508 ), and a petition for a stay of execution. The judge properly assigned to hear the motion (see Commonwealth v. Gedzium, 261 Mass. 299 , 306-307) for a new trial by virtue of the illness of the trial judge at the time ruled that as a matter of law he had no authority to grant the motion. The motion, based upon newly discovered evidence, was not brought within the time specified by G. L. c. 278, Section 29. There was no error in the denial of the motion. Commonwealth v. Rollins, 242 Mass. 427 , 430-434. Snyder, petitioner, 284 Mass. 367 , 369-370. Following argument and consideration by the court of the subject matter contained in the petition for rehearing, the petition is denied. No further judicial question appearing, the petition for a stay of execution is denied. G. L. c. 279, Section 49A.