ACTS, 1983. - Chap. 82.
as deemed necessary and appropriate.
Any vacancy in such
office shall be filled in like manner for the unexpired portion of
the t e r m .
SECTION 3. This act shall take effect as of May f i r s t ,
teen hundred and e i g h t y - t h r e e .
nine-
Approved May 2, 1983.
Chap. 82.
AN ACT FURTHER REGULATING THE PROCEDURE
FOR WITHDRAWALS OF CERTAIN APPEALS IN
CRIMINAL CASES.
Be it enacted, e t c . , as follows:
Chapter 278 of the General Laws is hereby amended by s t r i k i n g
out section 25, as most recently amended by section 305 of
chapter 478 of the acts of 1978, and inserting in place thereof
the following section:Section 25. The appellant may withdraw his appeal by coming
personally before the court from whose judgment the appeal was
taken and making a request therefor; provided, however, that
the case has not been transmitted to the j u r y session. Where
the case has been transmitted to said j u r y session, the appellant
may request a withdrawal of his appeal by appearing personally
before said j u r y session at any time thereafter, but before any
action other than a continuance or pretrial conference in said
j u r y session has been taken. If the appellant has been committed, the officer in charge of the j a i l , within f o r t y - e i g h t hours
after his commitment, shall notify him of his r i g h t to withdraw
his appeal and shall f u r n i s h him with a blank form of withdrawal,
w h i c h , if signed by him, shall be witnessed by said officer;
thereupon, or if prior to said notice the appellant notifies the
said officer of his desire to withdraw his appeal, the said officer
shall forward the defendant, with the signed form of withdrawal,
to the court before whom the appeal is pending. Where the
court allows the withdrawal, it may order the appellant to comply
with the sentence appealed f r o m , in the same manner as if i t
were then f i r s t imposed, or may revise or revoke the same if
satisfied that cause f o r such revision or revocation e x i s t s ;
provided, however, that the court shall not increase the sentence
as f i r s t imposed, and if sureties had recognized with the appellant to prosecute his appeal they shall be discharged.
Approved May 5, 1983.
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