Massachusetts General Laws

Mass. Gen. Laws ch. 279, § 4 (2026)

Imposition of sentence; stay of execution

✓ current as of July 2026

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Section 4. Sentence shall be imposed upon conviction of a crime, regardless of whether an appeal has been taken, except as otherwise provided in section sixty-one in case of a conviction of a capital crime.

If sentence is imposed upon conviction of a crime punishable by death, the justice imposing the sentence shall at the same time stay the execution of the sentence, such stay to be effective until revoked by the superior court department of the trial court, which is hereby granted full powers of revocation in the premises. The clerk of such court shall, forthwith upon the revocation by the court of any such stay of execution of sentence, certify that said stay has been revoked and cause said certificate to be served upon the superintendent of the state prison, or the officer performing his duties, by any officer qualified to serve criminal process; and the officer serving the same shall forthwith make due return of service to the clerk.

Notes of Decisions

Cited in 28 cases, 1929–2019 · leading case: Commonwealth v. Allen, 392 N.E.2d 1027 (Mass. 1979).

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Commonwealth v. Allen, 392 N.E.2d 1027 (Mass. 1979). · cites it 20× “A single justice of this court has allowed the joint motion of the defendants under G. L. c. 279, § 4, for stay of execution of sentences pending appeal, and on the Commonwealth’s motion has reported to the full court questions of law raised by his decisions.”

Commonwealth v. Colon-Cruz, 470 N.E.2d 116 (Mass. 1984). · cites it 12× “2 and G.L.c. 279, Sections 4, 57-71, as most recently amended by St.”

Commonwealth v. McLaughlin, 729 N.E.2d 252 (Mass. 2000). · cites it 6× “9 Rule 31 is directly derived from the version of G. L. c. 279, § 4, that was in effect prior to an amendment that coincided with the enactment of the rules.”

Commonwealth v. Hodge (No. 1), 406 N.E.2d 1010 (Mass. 1980). · cites it 5× “This rule contains essentially the same language as the former G. L. c. 279, § 4; see note 1, supra. Therefore, in order properly to apply this rule in the instant case, we must examine the previous judicial interpretations of that statute.”

Commonwealth v. Levin, 388 N.E.2d 1207 (Mass. App. Ct. 1979). · cites it 3× “See G. L. c. 279, § 4, as amended through St.”

Commonwealth v. Hernandez, 118 N.E.3d 107 (Mass. 2019). “See also G. L. c. 279, § 4 ("Sentence shall be imposed upon conviction of a crime, regardless of whether an appeal has been taken").”

Commonwealth v. Cohen, 921 N.E.2d 901 (Mass. 2010). · cites it 2× “6 This rule, like its statutory predecessor, G. L. c. 279, § 4, “confers discretionary power to stay the execution of sentence pending appeal.”

Commonwealth v. Day, 444 N.E.2d 384 (Mass. 1983). “G. L. c. 279, § 4. Mass. R. Crim. P. 31 (a), 378 Mass.”

Querubin v. Commonwealth, 795 N.E.2d 534 (Mass. 2003). “” 6 Id. Judges have long applied a similar standard when deciding, in the exercise of their discretion, whether to allow a defendant’s motion for a stay of execution of sentence pending appeal under G.”

Commonwealth v. Tracy, 207 N.E.2d 16 (Mass. 1965). · cites it 2× “G.L.c. 279, § 4. The case is here on the defendant's appeal, which is accompanied by a summary of the record, a transcript of the evidence and the assignment of errors.”

Schlager v. Bd. of Appeal of Boston, 399 N.E.2d 30 (Mass. App. Ct. 1980). · cites it 2× “405), and (c) under G. L. c. 279, § 4 (as amended through St.”

Commonwealth v. Kossowan, 265 Mass. 436 (Mass. 1929). · cites it 2× “G. L. c. 279, § 4. Lebowitch, petitioner, 235 Mass.”

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