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Commonwealth v. Lewis

Appeals Court of Massachusetts
Oct 21, 1976
356 N.E.2d 259 (Mass. App. Ct. 1976)

Opinion

October 21, 1976.

Richard A. Young for the defendant.

George E. Foote, Jr., Special Assistant District Attorney, for the Commonwealth.


There is no question whatsoever as to the sufficiency of the evidence to warrant convictions on both the remaining indictments. None of the other assignments of error is based on an exception (see Commonwealth v. Ferguson, 3 Mass. App. Ct. 796), and there is nothing in the record (or in the probation report marked for identification) to suggest that a "`substantial risk of a miscarriage of justice' ( Commonwealth v. Freeman, 352 Mass. 556, 564 [1967]) will result from our following the usual rule of refusing to pass on exceptions not taken ( Commonwealth v. Foley, 358 Mass. 233, 236 [1970]; Commonwealth v. Underwood, 358 Mass. 506, 509-510 [1970])." Commonwealth v. O'Neil, 3 Mass. App. Ct. 768 (1975).

Judgments affirmed.


Summaries of

Commonwealth v. Lewis

Appeals Court of Massachusetts
Oct 21, 1976
356 N.E.2d 259 (Mass. App. Ct. 1976)
Case details for

Commonwealth v. Lewis

Case Details

Full title:COMMONWEALTH vs. LEO P. LEWIS

Court:Appeals Court of Massachusetts

Date published: Oct 21, 1976

Citations

356 N.E.2d 259 (Mass. App. Ct. 1976)
4 Mass. App. Ct. 844

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