Commonwealth v. Avery

Massachusetts Appeals Court

Commonwealth v. Avery

1 Mass. App. Ct. 827

DecidedMay 29, 1973

StatusPublished

This text of 1 Mass. App. Ct. 827 (Commonwealth v. Avery) 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. Avery, 1 Mass. App. Ct. 827 (Mass. Ct. App. 1973).

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Opinion

The defendant appeals under G. L. c. 278, §§ 33A-33G, from his conviction for escape from the Plymouth County House of Correction and for larceny of an automobile. When the defendant took the stand, the trial judge improperly asked him numerous questions concerning his prior criminal record and activities, eliciting thereby information not otherwise in evidence. Although the evidence supporting both charges was [828]*828overwhelming, we cannot say that the error was harmless in terms of its effect on the jury. Consequently there must be a new trial.

Klari Neuwelt for the defendant. John S. Tara, Assistant District Attorney, for the Commonwealth.

Judgments reversed.

Verdicts set aside.

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The defendant appeals under G. L. c. 278, §§ 33A-33G, from his conviction for escape from the Plymouth County House of Correction and for larceny of an automobile. When the defendant took the stand, the trial judge improperly asked him numerous questions concerning his prior criminal record and activities, eliciting thereby information not otherwise in evidence. Although the evidence supporting both charges was [828]*828overwhelming, we cannot say that the error was harmless in terms of its effect on the jury. Consequently there must be a new trial.

Klari Neuwelt for the defendant. John S. Tara, Assistant District Attorney, for the Commonwealth.

Judgments reversed.

Verdicts set aside.

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Bluebook (online)

1 Mass. App. Ct. 827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-avery-massappct-1973.

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