Commonwealth v. Averett
323 N.E.2d 741, 3 Mass. App. Ct. 710, 1975 Mass. App. LEXIS 717
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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Commonwealth v. Averett, 323 N.E.2d 741, 3 Mass. App. Ct. 710, 1975 Mass. App. LEXIS 717 (Mass. Ct. App. 1975).
323 N.E.2d 741 (Commonwealth v. Averett) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Commonwealth v. Stone
320 N.E.2d 888 (Massachusetts Supreme Judicial Court, 1974)