Massachusetts General Laws

Mass. Gen. Laws ch. 277, § 47 (2026)

Arraignment in capital cases; sentence; assignment of counsel

✓ current as of July 2026

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Section 47. If a prisoner, under indictment for a capital crime, pleads guilty, upon being arraigned, the court shall award sentence against him; if he does not plead guilty, the court may assign him counsel and take all other measures preparatory to a trial, which shall, subject to the Massachusetts Rules of Criminal Procedure, be held as soon after the finding of the indictment as the other official duties of the justices will admit and the circumstances of the case require.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1923–2026 · leading case: Commonwealth v. Colon-Cruz, 470 N.E.2d 116 (Mass. 1984).

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Commonwealth v. Colon-Cruz, 470 N.E.2d 116 (Mass. 1984). · cites it 8× “See G.L.c. 277, § 47; [17] G.L.c. 263, § 6; [18] Mass.”

Costarelli v. Commonwealth, 373 N.E.2d 1183 (Mass. 1978). “661, 663 (1971); G. L. c. 277, § 47 A. A defendant in a criminal case has “an unqualified and unfettered right of appeal” from a District Court conviction, Whitmarsh v.”

Commonwealth v. Dascalakis, 246 Mass. 12 (Mass. 1923). “It is provided by G. L. c. 277, § 47, that in capital cases the court shall assign counsel for the prisoner and order paid to Mm reasonable compensation if the prisoner is otherwise unable to procure counsel.”

Abodeely v. Cnty. of Worcester, 227 N.E.2d 486 (Mass. 1967). “” G. L. c. 277, §§ 47, 55, and 56. Rule 95 of the Superior Court (1954).”

Arsenault v. Commonwealth, 233 N.E.2d 730 (Mass. 1968). “On February 21, 1955, on Arsenault’s motion, counsel nominated by him was assigned to defend him under G. L. c. 277, §§47 and 55, and Rule 95 of the Superior Court (1954).”

Grady v. Treasurer of the Cnty. of Worcester, 227 N.E.2d 490 (Mass. 1967). “Attorney Gen. petitioner, 104 Mass. 537, 543 . The passage of the predecessors of G.”

Comm. for Pub. Couns. Servs. v. Middlesex & Suffolk Cnty. Dist. Courts (Mass. 2026). “719, 721-722 (1967) (discussing G. L. c. 277, §§ 47, 55, and 56, applicable to capital defendants only, as only existing statutes explicitly providing compensation for counsel).”

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