Commonwealth v. Malone
This text of 384 N.E.2d 624 (Commonwealth v. Malone) 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.
Opinion
As in Commonwealth v. Vitello, ante 426 (1978), the defendant in this case excepted to- the admission of polygraph evidence as part of the Commonwealth’s case in chief. As in that case, therefore, we order a new trial. As an afterthought, the Commonwealth contends that the ViieZ-Zo decision should be limited to prospective application, but we impose no such limitation. Also as an afterthought, the Commonwealth contends that the error was harmless, but we are not convinced beyond a reasonable doubt.
Judgments of the Superior Court Department reversed.
Verdicts set aside.
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Cite This Page — Counsel Stack
384 N.E.2d 624, 376 Mass. 931, 1978 Mass. LEXIS 1184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-malone-mass-1978.