Commonwealth v. Smith

Massachusetts Supreme Judicial Court

Commonwealth v. Smith

508 N.E.2d 598, 400 Mass. 1002, 1987 Mass. LEXIS 1337

CourtMassachusetts Supreme Judicial Court

DecidedJune 3, 1987

StatusPublished

This text of 508 N.E.2d 598 (Commonwealth v. Smith) 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.

Bluebook

Commonwealth v. Smith, 508 N.E.2d 598, 400 Mass. 1002, 1987 Mass. LEXIS 1337 (Mass. 1987).

Pincite

Opinion

On application of the Commonwealth, we granted further appellate review of the instant case. Commonwealth v. Smith, 21 Mass. App. Ct. 619 (1986). Because the defendant conceded that he was at the scene of the crime, the issue raised is whether it was error to admit a sanitized police photograph taken approximately one year prior to the defendant’s arrest for the current offense. The Appeals Court concluded that the admission of the photograph was error because it suggested that the defendant had a criminal record, and the judge had excluded the defendant’s record. See id. at 622-623. We agree with the reasoning and result of the Appeals Court. On the issue of whether there was sufficient evidence of armed robbery, we also agree with the Appeals Court. Id. at 623-624.

The judgment of the Superior Court is reversed, the verdict set aside, and the case remanded for a new trial.

So ordered.

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On application of the Commonwealth, we granted further appellate review of the instant case. Commonwealth v. Smith, 21 Mass. App. Ct. 619 (1986). Because the defendant conceded that he was at the scene of the crime, the issue raised is whether it was error to admit a sanitized police photograph taken approximately one year prior to the defendant’s arrest for the current offense. The Appeals Court concluded that the admission of the photograph was error because it suggested that the defendant had a criminal record, and the judge had excluded the defendant’s record. See id. at 622-623. We agree with the reasoning and result of the Appeals Court. On the issue of whether there was sufficient evidence of armed robbery, we also agree with the Appeals Court. Id. at 623-624.

The judgment of the Superior Court is reversed, the verdict set aside, and the case remanded for a new trial.

So ordered.

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Bluebook (online)

508 N.E.2d 598, 400 Mass. 1002, 1987 Mass. LEXIS 1337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-smith-mass-1987.

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