Commonwealth v. Lewis

Massachusetts Appeals Court

Commonwealth v. Lewis

356 N.E.2d 259, 4 Mass. App. Ct. 844, 1976 Mass. App. LEXIS 643

CourtMassachusetts Appeals Court

DecidedOctober 21, 1976

StatusPublished

Cited by3 cases

This text of 356 N.E.2d 259 (Commonwealth v. Lewis) 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. Lewis, 356 N.E.2d 259, 4 Mass. App. Ct. 844, 1976 Mass. App. LEXIS 643 (Mass. Ct. App. 1976).

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Opinion

There is no question whatsoever as to the sufficiency of the evidence to warrant convictions on both the remaining indictments. None of the other assignments of error is based on an exception (see Commonwealth v. Ferguson, 3 Mass. App. Ct. 796 [1975]), and there is nothing in the record (or in the probation report marked for identification) to suggest that a “ ‘substantial risk of a miscarriage of justice’ (Commonwealth v. Freeman, 352 Mass. 556, 564 [1967]) will result from our following the usual rule of refusing to pass on exceptions not taken (Commonwealth v. Foley, 358 Mass. 233, 236 [1970]; Commonwealth v. Underwood, 358 Mass. 506, 509-510 [1970]).” Commonwealth v. O’Neil, 3 Mass. App. Ct. 768 (1975).

Judgments affirmed.

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There is no question whatsoever as to the sufficiency of the evidence to warrant convictions on both the remaining indictments. None of the other assignments of error is based on an exception (see Commonwealth v. Ferguson, 3 Mass. App. Ct. 796 [1975]), and there is nothing in the record (or in the probation report marked for identification) to suggest that a “ ‘substantial risk of a miscarriage of justice’ (Commonwealth v. Freeman, 352 Mass. 556, 564 [1967]) will result from our following the usual rule of refusing to pass on exceptions not taken (Commonwealth v. Foley, 358 Mass. 233, 236 [1970]; Commonwealth v. Underwood, 358 Mass. 506, 509-510 [1970]).” Commonwealth v. O’Neil, 3 Mass. App. Ct. 768 (1975).

Judgments affirmed.

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Bluebook (online)

356 N.E.2d 259, 4 Mass. App. Ct. 844, 1976 Mass. App. LEXIS 643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-lewis-massappct-1976.

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