Massachusetts General Laws

Mass. Gen. Laws ch. 278, § 2 (2026)

Trial of issues of fact

✓ current as of July 2026

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Section 2. Issues of fact joined upon an indictment or complaint shall, in the superior court, be tried by a jury drawn and returned in the manner provided for the trial of issues of fact in civil causes, unless the person indicted or complained against elects to be tried by the court as provided by law.

Notes of Decisions

Cited in 19 cases, 1926–2000 · leading case: Commonwealth v. Susi, 477 N.E.2d 995 (Mass. 1985).

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Commonwealth v. Susi, 477 N.E.2d 995 (Mass. 1985). “263, § 6, and G. L. c. 278, § 2 (jury trials in the Superior Court).”

Almeida v. Lucey, 372 F. Supp. 109 (D. Mass. 1974). · cites it 2× “The defendant is afforded all the rights customarily associated with a criminal court proceeding, such as the right to remain silent, to be represented by counsel, to subpoena witnesses, and to confront and cross examine his accusers.”

Commonwealth v. Smith, 258 N.E.2d 13 (Mass. 1970). “That includes the testimony of psychiatrists, whether it consists of statements of facts or opinions.”

Commonwealth v. Scagliotti, 371 N.E.2d 726 (Mass. 1977). “G. L. c. 278, § 2 (issues of fact for the jury in criminal cases).”

Miaskiewicz v. Commonwealth, 402 N.E.2d 1036 (Mass. 1980). “The procedure followed by the judge gave the petitioner adequate notice of the charges and a reasonable opportunity to meet them. 3. Jury trial. Under Mass. R.”

Commonwealth v. Dias, 367 N.E.2d 623 (Mass. 1977). “” Immediately, the defendant’s counsel moved for a mistrial on the ground that the judge, by saying, “Hm, hm,” in effect found as fact that the gun could not have been open when Travis swung it at Dias. On appeal, the defendant contends that the judge, by stating, “It also won’t…”

Commonwealth v. Rowe, 48 A.L.R. 762 (Mass. 1926). “277, § 71; and G. L. c. 278, § 2. The words of Rev. Sts.”

Commonwealth v. Thayer, 624 N.E.2d 572 (Mass. App. Ct. 1993). “Compare G. L. c. 278, § 2, as inserted by St. 1929, c.”

Commonwealth v. Eresian, 449 N.E.2d 354 (Mass. 1983). · cites it 2× “G. L. c. 278, § 2 (criminal cases in Superior Court).”

Commonwealth v. Kemp, 254 Mass. 190 (Mass. 1926). “It is provided by G. L. c. 278, § 2, that ‘‘ Issues of fact joined upon an indictment or complaint shall, in the Superior Court, be tried by a jury drawn and returned in the manner provided for the trial of issues of fact in civil causes.”

Commonwealth v. Camelio, 295 N.E.2d 902 (Mass. App. Ct. 1973). “” G. L. c. 278, § 2. Commonwealth v. Moniz, 336 Mass.”

Commonwealth v. Lawless, 154 N.E. 753 (Mass. 1927). · cites it 2× “It is provided by G. L. c. 278, § 2, that “Issues of fact joined upon an indictment or complaint shall, in the Superior Court, be tried by a jury drawn and returned in the manner provided for the trial of issues of fact in civil causes.”

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