Mass. Gen. Laws » Part IV Title II Chapter 276
Massachusetts General Laws

Mass. Gen. Laws ch. 276, § 41 (2026)

Discharge of prisoner

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 41. If it appears, upon the whole examination, that no crime has been committed or that there is not probable cause for charging the prisoner therewith, he shall be discharged.

Notes of Decisions
Cited in 2 cases, 1973–1977 · leading case: Myers v. Commonwealth, 298 N.E.2d 819 (Mass. 1973).
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Myers v. Commonwealth, 298 N.E.2d 819 (Mass. 1973). · cites it 2× “276, § 42 (and see G.L.c. 276, § 41). These two requirements are designed to establish an effective bind-over standard which distinguishes between groundless or unsupported charges and meritorious prosecutions.”
Stefanik v. State Bd. of Parole, 363 N.E.2d 1099 (Mass. 1977). “276, § 42 (and see G. L. c. 276, § 41). These two requirements are designed to establish an effective bind-over standard which distinguishes between groundless or unsupported charges and meritorious prosecutions.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.