Commonwealth v. Lamory

Massachusetts Appeals Court

Commonwealth v. Lamory

436 N.E.2d 992, 14 Mass. App. Ct. 925, 1982 Mass. App. LEXIS 1372

CourtMassachusetts Appeals Court

DecidedJune 25, 1982

StatusPublished

Cited by2 cases

This text of 436 N.E.2d 992 (Commonwealth v. Lamory) 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. Lamory, 436 N.E.2d 992, 14 Mass. App. Ct. 925, 1982 Mass. App. LEXIS 1372 (Mass. Ct. App. 1982).

Pincite

Opinion

1. For reasons akin to those expressed in Commonwealth v. Vernazzarro, 10 Mass. App. Ct. 897, 898 (1980), there was no abuse of discretion or other error of law in the denial of the defendant’s shotgun motion for more specific answers to his various motions for particulars. 2. The testimony of the son that the defendant had committed on him the same offences as those alleged in the indictments “almost [or “mostly”] every time we went there” was of undoubted relevance, and, in the absence (as here) of any request for a limiting instruction, the admission of that testimony in evidence does not require a new trial. Commonwealth v. Bemis, 242 Mass. 582, 585 (1922). Commonwealth v. Piccerillo, 256 Mass. 487, 489-490 (1926). See also Commonwealth v. Machado, 339 Mass. 713, 714-715 (1959); Commonwealth v. Cutler, 356 Mass. 245, 248-249 (1969); Commonwealth v. Greene, 12 Mass. App. Ct. 982 (1981). Contrast Commonwealth v. Ellis, 321 Mass. 669, 670 (1947); Commonwealth v. Welcome, 348 Mass. 68, 70-71 (1964). 3. None of the other questions that have been argued requires separate discussion. 4. The judgments on Indictments Nos. 79-992, 79-993, 79-1015, 79-1019 and 79-1023 are affirmed. As the sentences imposed on Indictments Nos. 79-994, 79-996, 79-1017, 79-1021 and 79-1024 were in excess of [926]*926those permitted under G. L. c. 265, § 13B, as appearing in St. 1958, c. 189, the defendant is to be resentenced on those indictments.

John P. Courtney for the defendant. William T. Walsh, Jr., Assistant District Attorney, tor the Commonwealth.

So ordered.

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1. For reasons akin to those expressed in Commonwealth v. Vernazzarro, 10 Mass. App. Ct. 897, 898 (1980), there was no abuse of discretion or other error of law in the denial of the defendant’s shotgun motion for more specific answers to his various motions for particulars. 2. The testimony of the son that the defendant had committed on him the same offences as those alleged in the indictments “almost [or “mostly”] every time we went there” was of undoubted relevance, and, in the absence (as here) of any request for a limiting instruction, the admission of that testimony in evidence does not require a new trial. Commonwealth v. Bemis, 242 Mass. 582, 585 (1922). Commonwealth v. Piccerillo, 256 Mass. 487, 489-490 (1926). See also Commonwealth v. Machado, 339 Mass. 713, 714-715 (1959); Commonwealth v. Cutler, 356 Mass. 245, 248-249 (1969); Commonwealth v. Greene, 12 Mass. App. Ct. 982 (1981). Contrast Commonwealth v. Ellis, 321 Mass. 669, 670 (1947); Commonwealth v. Welcome, 348 Mass. 68, 70-71 (1964). 3. None of the other questions that have been argued requires separate discussion. 4. The judgments on Indictments Nos. 79-992, 79-993, 79-1015, 79-1019 and 79-1023 are affirmed. As the sentences imposed on Indictments Nos. 79-994, 79-996, 79-1017, 79-1021 and 79-1024 were in excess of [926]*926those permitted under G. L. c. 265, § 13B, as appearing in St. 1958, c. 189, the defendant is to be resentenced on those indictments.

John P. Courtney for the defendant. William T. Walsh, Jr., Assistant District Attorney, tor the Commonwealth.

So ordered.

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Bluebook (online)

436 N.E.2d 992, 14 Mass. App. Ct. 925, 1982 Mass. App. LEXIS 1372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-lamory-massappct-1982.

Opinion

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