Commonwealth v. Pope

Massachusetts Appeals Court

Commonwealth v. Pope

357 N.E.2d 329, 4 Mass. App. Ct. 854, 1976 Mass. App. LEXIS 658

CourtMassachusetts Appeals Court

DecidedNovember 24, 1976

StatusPublished

Cited by2 cases

This text of 357 N.E.2d 329 (Commonwealth v. Pope) 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. Pope, 357 N.E.2d 329, 4 Mass. App. Ct. 854, 1976 Mass. App. LEXIS 658 (Mass. Ct. App. 1976).

Pincite

Opinion

Assuming, without deciding, that it was improper for the District Court judge to allow the prosecutor’s motion to amend the complaint at the close of the evidence, the error was rendered immaterial by the appeal from the District Court judgment to the Superior Court. Commonwealth v. Calhane, 108 Mass. 431, 432 (1871). Commonwealth v. Sheehan, 108 Mass. 432, note (1871). Commonwealth v. Harvey, 111 Mass. 420, 421 (1873). Commonwealth v. Holmes, 119 Mass. 195, 199 (1875). Commonwealth v. Fredericks, 119 Mass. 199, 205 (1875). Commonwealth v. Burke, 121 Mass. 39, 40 (1876). Commonwealth v. Whalen, 147 Mass. 376, 378 (1888). Commonwealth v. Oakes, 151 Mass. 394, 395 (1890). See Commonwealth v. Dunham, 22 Pick. 11, 12 (1839); Mann v. Commonwealth, 359 Mass. 661, 666 (1971). Those cases are still good law. Enbinder v. Commonwealth, 368 Mass. 214, 218 (1975). They control this case. Contrast Whitmarsh v. Commonwealth, 366 Mass. 212, 215-216 (1974), app. dism. 421 U. S. 957 (1975). The defendant’s remaining assignments of error, not having been argued, are not considered.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Assuming, without deciding, that it was improper for the District Court judge to allow the prosecutor’s motion to amend the complaint at the close of the evidence, the error was rendered immaterial by the appeal from the District Court judgment to the Superior Court. Commonwealth v. Calhane, 108 Mass. 431, 432 (1871). Commonwealth v. Sheehan, 108 Mass. 432, note (1871). Commonwealth v. Harvey, 111 Mass. 420, 421 (1873). Commonwealth v. Holmes, 119 Mass. 195, 199 (1875). Commonwealth v. Fredericks, 119 Mass. 199, 205 (1875). Commonwealth v. Burke, 121 Mass. 39, 40 (1876). Commonwealth v. Whalen, 147 Mass. 376, 378 (1888). Commonwealth v. Oakes, 151 Mass. 394, 395 (1890). See Commonwealth v. Dunham, 22 Pick. 11, 12 (1839); Mann v. Commonwealth, 359 Mass. 661, 666 (1971). Those cases are still good law. Enbinder v. Commonwealth, 368 Mass. 214, 218 (1975). They control this case. Contrast Whitmarsh v. Commonwealth, 366 Mass. 212, 215-216 (1974), app. dism. 421 U. S. 957 (1975). The defendant’s remaining assignments of error, not having been argued, are not considered.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

357 N.E.2d 329, 4 Mass. App. Ct. 854, 1976 Mass. App. LEXIS 658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-pope-massappct-1976.

Opinion

Related

Cite This Page — Counsel Stack