Commonwealth v. Emery

Massachusetts Supreme Judicial Court

Commonwealth v. Emery

266 N.E.2d 871, 358 Mass. 815, 1971 Mass. LEXIS 926

CourtMassachusetts Supreme Judicial Court

DecidedJanuary 28, 1971

StatusPublished

Cited by1 cases

This text of 266 N.E.2d 871 (Commonwealth v. Emery) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Emery, 266 N.E.2d 871, 358 Mass. 815, 1971 Mass. LEXIS 926 (Mass. 1971).

Pincite

Opinion

This indictment charged the defendant with assault and battery upon a police officer by means of a dangerous weapon, “to wit: a brick.” A jury found him guilty. The case has been appealed under G. L. c. 278, §§ 33A-33G. The sole issue before us is whether the trial judge erred in denying the defendant’s motion for a new trial based on the ground that “the verdict was against the weight of the credible evidence.” We see no purpose to be served by summarizing the evidence. The defendant’s main argument appears to be that “Ebjased upon the uncontroverted physical facts, the verdict was unquestionably against the weight of the evidence.” Other than that, the defendant admits in his brief, the judge’s “handling of the case was exemplary.” From our review of the evidence we are satisfied that there was ample basis for the jury to find the defendant guilty. Clearly, the judge did not abuse his discretion in denying the defendant’s motion.

Judgment affirmed.

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This indictment charged the defendant with assault and battery upon a police officer by means of a dangerous weapon, “to wit: a brick.” A jury found him guilty. The case has been appealed under G. L. c. 278, §§ 33A-33G. The sole issue before us is whether the trial judge erred in denying the defendant’s motion for a new trial based on the ground that “the verdict was against the weight of the credible evidence.” We see no purpose to be served by summarizing the evidence. The defendant’s main argument appears to be that “Ebjased upon the uncontroverted physical facts, the verdict was unquestionably against the weight of the evidence.” Other than that, the defendant admits in his brief, the judge’s “handling of the case was exemplary.” From our review of the evidence we are satisfied that there was ample basis for the jury to find the defendant guilty. Clearly, the judge did not abuse his discretion in denying the defendant’s motion.

Judgment affirmed.

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Bluebook (online)

266 N.E.2d 871, 358 Mass. 815, 1971 Mass. LEXIS 926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-emery-mass-1971.

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