Massachusetts General Laws

Mass. Gen. Laws ch. 278, § 12 (2026)

Acquittal of part of crime and conviction of residue

✓ current as of July 2026

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Section 12. If a person indicted for a felony is acquitted by the verdict of part of the crime charged, and is convicted of the residue, such verdict may be received and recorded by the court, and thereupon the defendant shall be adjudged guilty of the crime, if any, which appears to the court to be substantially charged by the residue of the indictment, and shall be sentenced and punished accordingly.

Notes of Decisions

Cited in 20 cases, 1926–2017 · leading case: Commonwealth v. Shelley, 80 N.E.3d 335 (Mass. 2017).

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Commonwealth v. Shelley, 80 N.E.3d 335 (Mass. 2017). · cites it 8× “5 Nor do we interpret G. L. c. 278, § 12, to require allowing the defendant to benefit from both the lesser included offense instruction and the statute of limitations instruction.”

Commonwealth v. Franks, 309 N.E.2d 879 (Mass. 1974). · cites it 3× “” The trial court, then composed of three Justices of the Supreme Judicial Court, instructed the jury that since the indictment for rape “necessarily charged substantially and formally an assault and battery upon the person of the female alleged to have been ravished,” the jury…”

Commonwealth v. McCan, 78 A.L.R. 1208 (Mass. 1931). · cites it 2× “G. L. c. 278, § 12. The two crimes, however, differ radically.”

Hagans v. State, 559 A.2d 792 (Md. 1989). “814, 815 (1989); Mass.Gen.L. ch. 278, § 12 (1980); Mich.Comp.”

Commonwealth v. Gosselin, 309 N.E.2d 884 (Mass. 1974). · cites it 2× “In both aspects the statute remains the same in G. L. c. 278, § 12. 2 The present case was tried on a complaint rather than an indictment, and the offence charged was a misdemeanor.”

Commonwealth v. Wooden, 433 N.E.2d 1234 (Mass. App. Ct. 1982). “G. L. c. 278, § 12. So ordered. 1 The validity of the defendant’s arrest must be measured by the probable cause standard.”

A Juv. v. Commonwealth, 465 N.E.2d 240 (Mass. 1984). “In affirming the judgment, *56 we relied in part on G. L. c. 278, § 12, which permits just such a verdict.”

Commonwealth v. Dixon, 614 N.E.2d 1027 (Mass. App. Ct. 1993). “See G. L. c. 278, § 12; Commonwealth v. Crocker, 384 Mass.”

Commonwealth v. Tripp, 440 N.E.2d 1286 (Mass. App. Ct. 1982). “…The defendant is then to be resentenced on the finding against him on the lesser offense of possession of heroin. G. L. c. 278, § 12. So ordered.”

Commonwealth v. Myers, 252 N.E.2d 350 (Mass. 1969). “1 It would appear that conviction for assault and battery, as the lesser included offence, is authorized by G. L. c. 278, § 12, which reads: “If a person indicted for a felony is acquitted by the verdict of part of the crime charged, and is convicted of the residue, such verdict…”

Commonwealth v. Hogg, 311 N.E.2d 63 (Mass. 1974). “G. L. c. 278, § 12. Commonwealth v. Novicki, 324 Mass.”

Commonwealth v. Reid, 562 N.E.2d 1362 (Mass. App. Ct. 1990). “The matter is remanded to the Superior Court where a finding of not guilty is to enter on so much of the complaint as charges the defendant with intent to distribute cocaine.”

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