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shall, forthwith upon the revocation by the court of any such stay of execution of sentence, certify that said stay has been revoked and cause said certificate to be served upon the superintendent of the state prison, or the officer performing his duties, by any officer qualified to serve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.
Structure Massachusetts General Laws
Part IV - Crimes, Punishments and Proceedings in Criminal Cases
Title II - Proceedings in Criminal Cases
Chapter 279 - Judgment and Execution
Section 1a - Suspension of Execution of Sentence; Probation; Child Support Payments
Section 2 - Suspension of Execution of Orders of Commitment to Massachusetts Reformatory, Etc.
Section 3a - Motion of District Attorney for Sentence
Section 4 - Imposition of Sentence; Stay of Execution
Section 4b - Notice to Victim of Sentencing Proceedings; Oral or Written Statements
Section 5 - Sentence if No Punishment Is Provided by Statute
Section 6 - Sentence to Jail or House of Correction
Section 7 - Sentence to Jail or House of Correction for Non-Payment of Fine
Section 8 - Commitments Upon Two or More Sentences
Section 8a - Determination of Time of Taking Effect of Sentence; ''from and After'' Sentence
Section 8b - Commission of Crime While Released on Personal Recognizance; Consecutive Sentence
Section 9 - Second Sentence for Non-Payment of Fine
Section 10 - Conditional Sentence
Section 11 - Punishment by Imprisonment Only or by Fine Only When Law Prescribes Both
Section 12 - Recognizance of Husband Convicted of Assault Upon Wife
Section 13 - Recognizance to Keep the Peace or to Be of Good Behavior
Section 14 - Recognizance; Filing; Proceedings on Breach of Condition
Section 15 - Sentence to Jail or House of Correction in Any County
Section 16 - Sentencing of Female to Massachusetts Correctional Institution, Framingham
Section 19 - Place of Imprisonment of Females Convicted of Felony
Section 20 - Execution of Sentence of Imprisonment of Females Sentenced to Confinement at Hard Labor
Section 23 - Limitation of Sentences of Males to Jails or Houses of Correction
Section 25 - Punishment of Habitual Criminals
Section 26 - Further Sentence of Convict in State Prison
Section 30 - Vacation of Office From Time of Sentence to State Prison
Section 33a - Credit for Days of Confinement Awaiting and During Trial
Section 35 - Transmission of Complaint or Indictment to Correctional Institution
Section 36 - Sentences to State Farm
Section 37 - Setting Out Statutory Name of Crime in Warrant for Commitment
Section 38 - Powers of Sheriff or Constable in Execution of Warrant of Commitment
Section 39 - Return of Precept to Magistrate
Section 40 - Service of New Warrant of Commitment Upon Convict
Section 41 - Default of Corporation
Section 42 - Warrant of Distress to Compel Payment of Penalty or Assessment
Section 59 - Execution of Death Sentence; Time Constraints
Section 60 - Means of Execution of Death Sentence
Section 61 - Capital Crime Conviction; Imposition of Sentence; Insane and Pregnant Persons
Section 63 - Delay in Execution of Death Sentence; Consideration of Pardon
Section 64 - Judicial Stay of Execution of Death Sentence; Final Determination of Judicial Questions
Section 65 - Witnesses; Execution of Death Sentence
Section 66 - Execution of Death Sentence; Post Mortem Examination
Section 67 - Warrant for Execution of Death Sentence; Return to Clerk of Court After Execution
Section 69 - Aggravating and Mitigating Circumstances in Death Penalty Cases
Section 70 - Death Penalty Imposed; Jury Findings Necessary
Section 71 - Review of Death Sentence; Remand; Reversal; Affirmation