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Commonwealth v. Smith

Appeals Court of Massachusetts
Dec 15, 1975
338 N.E.2d 559 (Mass. App. Ct. 1975)

Opinion

December 15, 1975.

Joan C. Stanley for the defendant.

Peter D. Feeherry, Assistant District Attorney, for the Commonwealth.


The variations from the supplemental charge approved in Commonwealth v. Rodriquez, 364 Mass. 87, 101 (1973), which are now complained of appear to have been covered by something said in the original charge, which was given only a few hours earlier and which is not before us. No exception was taken to any portion of the supplemental charge (compare Commonwealth v. Daniels, 364 Mass. 829), and we are not convinced that a "substantial risk of a miscarriage of justice" ( Commonwealth v. Freeman, 352 Mass. 556, 564 [1967]) will result from our refusing to consider the defendant's present complaints. Commonwealth v. Foley, 358 Mass. 233, 236 (1970). Commonwealth v. Underwood, 358 Mass. 506, 509-510 (1970). Commonwealth v. O'Neil, ante, 768 (1975). It strikes us (if the transcript is correct) that the "and" must have been understood by the defendant's trial counsel as an inconsequential slip of the tongue.

Exceptions overruled.


Summaries of

Commonwealth v. Smith

Appeals Court of Massachusetts
Dec 15, 1975
338 N.E.2d 559 (Mass. App. Ct. 1975)
Case details for

Commonwealth v. Smith

Case Details

Full title:COMMONWEALTH vs. CALVIN SMITH

Court:Appeals Court of Massachusetts

Date published: Dec 15, 1975

Citations

338 N.E.2d 559 (Mass. App. Ct. 1975)
3 Mass. App. Ct. 795

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