Massachusetts General Laws

Mass. Gen. Laws ch. 277, § 57A (2026)

Venue in cases where crime was committed without county or territorial jurisdiction of court

✓ current as of July 2026

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Section 57A. A defendant shall not be discharged for want of jurisdiction if the evidence discloses that the crime with which he is charged was actually committed without the county or the territorial jurisdiction of the court in which he is being tried; provided, that the attorney general or the district attorney petitions to the court before proceeding with the trial for leave to proceed, stating that he is in doubt from the state of the evidence then in his possession as to whether or not the crime was committed within the county or the territorial jurisdiction of the court, and the court after hearing said petition orders the trial to proceed.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1971–2024 · leading case: Commonwealth v. Robinson, 720 N.E.2d 480 (Mass. App. Ct. 1999).

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Commonwealth v. Robinson, 720 N.E.2d 480 (Mass. App. Ct. 1999). · cites it 3× “G. L. c. 277, § 57A. 7 The judge did not hold a hearing and allowed the petition on the prosecutor’s representation that it was an open question where the death occurred.”

Commonwealth v. Brogan, 612 N.E.2d 656 (Mass. 1993). · cites it 2× “See also G.L.c. 277, §§ 57A, 58B, 59, 60 (1990 ed.”

Commonwealth v. Baker, 330 N.E.2d 794 (Mass. 1975). · cites it 2× “277, § 57A, concerning venue, (4) denying their motions for directed verdicts of not guilty made at the close of the Commonwealth’s opening statement and repeated at the close of the Commonwealth’s case, (5) making various rulings relating to the examination of witnesses and the…”

Commonwealth v. DiMarzo, 308 N.E.2d 538 (Mass. 1974). · cites it 2× “It is first alleged that there was error in permitting the Commonwealth to proceed under G.L.c. 277, § 57A, and by not allowing the defendant to litigate the issue of jurisdiction of the alleged crime.”

Commonwealth v. Johnson, 21 N.E.3d 937 (Mass. 2014). “During pretrial proceedings and prior to jury empan-elment, William moved for dismissal of the charge of making a false report of child abuse, asserting lack of jurisdiction and improper venue under G. L. c. 277 § 57A. 14 He argued that since the telephone call to DCF (located…”

Commonwealth v. Levin, 417 N.E.2d 440 (Mass. App. Ct. 1981). “The trial judge allowed the Commonwealth’s motion to proceed under the mantle of G. L. c. 277, § 57A, set forth in the margin.”

Commonwealth v. Travis, 556 N.E.2d 378 (Mass. 1990). “In light of the multi-jurisdictional aspect of the case, the prosecutor, prior to trial, filed a petition pursuant to G. L. c. 277, § 57A (1988 ed.), with the Superior Court for Bristol County for leave to proceed with the trial.”

Commonwealth v. Lewis, 720 N.E.2d 818 (Mass. App. Ct. 1999). “8 In accordance with G. L. c. 277, § 57A, 9 by motion prior to trial, the Commonwealth sought leave to proceed in Middlesex County.”

Commonwealth v. Libby, 266 N.E.2d 641 (Mass. 1971). “2 In view of this evidence, there was no occasion for any request under G. L. c. 277, § 57A, for a determination concerning venue or permission for the prosecution to proceed in Suffolk County.”

Commonwealth v. Wright, 88 Mass. App. Ct. 82 (Mass. App. Ct. 2015). “, G. L. c. 277, § 57A (“A defendant shall not be discharged for want of jurisdiction if the evidence discloses that the crime with which he is charged was actually committed without the county or the territorial jurisdiction of the court in which he is being tried .”

Commonwealth v. Iacovelli, 403 N.E.2d 1204 (Mass. App. Ct. 1980). “He also claims the Commonwealth failed to seek leave to proceed under G. L. c. 277, § 57A. 2 The short *699 answer to the defendant’s rather imprecise arguments on jurisdiction and venue is that they are precluded by the reasoning of Commonwealth v.”

Commonwealth v. Jenkins (Mass. App. Ct. 2024). · cites it 2× “Judges denied those motions, and the prosecutor commented during trial that the Commonwealth had obtained leave to proceed under G. L. c. 277, § 57A. On appeal, the defendant does not raise the propriety of the denials of his motions to dismiss or the Commonwealth's authority to…”

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