Commonwealth v. Mello

Massachusetts Appeals Court

Commonwealth v. Mello

362 N.E.2d 1202, 5 Mass. App. Ct. 825, 1977 Mass. App. LEXIS 801

CourtMassachusetts Appeals Court

DecidedMay 19, 1977

StatusPublished

Cited by2 cases

This text of 362 N.E.2d 1202 (Commonwealth v. Mello) 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. Mello, 362 N.E.2d 1202, 5 Mass. App. Ct. 825, 1977 Mass. App. LEXIS 801 (Mass. Ct. App. 1977).

Pincite

Opinion

Although the assignment of error which is directed to two sentences in the judge’s charge brings nothing before this court for review because the assignment is not based on an exception, Commonwealth v. Miller, 4 Mass. App. Ct. 379, 382-383 (1976), we have examined the allegedly erro[826]*826neons instructions to determine whether there is a likelihood of “a substantial risk of a miscarriage of justice.” Commonwealth v. Freeman, 352 Mass. 556, 564 (1967). We have concluded that the charge, viewed in its entirety, was not erroneous. The other assignment of error, not having been briefed, is deemed waived.

Melvin S. Louison for the defendant. Mary A. McLaughlin, Special Assistant District Attorney (Lance J. Garth, Assistant District Attorney, with her) for the Commonwealth.

Judgment affirmed.

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Although the assignment of error which is directed to two sentences in the judge’s charge brings nothing before this court for review because the assignment is not based on an exception, Commonwealth v. Miller, 4 Mass. App. Ct. 379, 382-383 (1976), we have examined the allegedly erro[826]*826neons instructions to determine whether there is a likelihood of “a substantial risk of a miscarriage of justice.” Commonwealth v. Freeman, 352 Mass. 556, 564 (1967). We have concluded that the charge, viewed in its entirety, was not erroneous. The other assignment of error, not having been briefed, is deemed waived.

Melvin S. Louison for the defendant. Mary A. McLaughlin, Special Assistant District Attorney (Lance J. Garth, Assistant District Attorney, with her) for the Commonwealth.

Judgment affirmed.

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Bluebook (online)

362 N.E.2d 1202, 5 Mass. App. Ct. 825, 1977 Mass. App. LEXIS 801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-mello-massappct-1977.

Opinion

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