Commonwealth v. Averett

Massachusetts Appeals Court

Commonwealth v. Averett

323 N.E.2d 741, 3 Mass. App. Ct. 710, 1975 Mass. App. LEXIS 717

DecidedFebruary 24, 1975

StatusPublished

This text of 323 N.E.2d 741 (Commonwealth v. Averett) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Averett, 323 N.E.2d 741, 3 Mass. App. Ct. 710, 1975 Mass. App. LEXIS 717 (Mass. Ct. App. 1975).

Pincite

Opinion

We do not consider the defendant’s claim concerning the alleged exclusion of “paupers” from the grand jury which indicted him on May 8, 1972, because the defendant made no attempt to prove any such exclusion as matter of fact. See Commonwealth v. Stone, 366 Mass. 506, 509-510 (1974), and cases cited. We do not consider the sufficiency of the evidence to convict on either indictment because no such question was raised below.

Exceptions overruled.

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We do not consider the defendant’s claim concerning the alleged exclusion of “paupers” from the grand jury which indicted him on May 8, 1972, because the defendant made no attempt to prove any such exclusion as matter of fact. See Commonwealth v. Stone, 366 Mass. 506, 509-510 (1974), and cases cited. We do not consider the sufficiency of the evidence to convict on either indictment because no such question was raised below.

Exceptions overruled.

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Bluebook (online)

323 N.E.2d 741, 3 Mass. App. Ct. 710, 1975 Mass. App. LEXIS 717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-averett-massappct-1975.

Opinion

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