Commonwealth v. Williams

Massachusetts Appeals Court

Commonwealth v. Williams

386 N.E.2d 744, 7 Mass. App. Ct. 866, 1979 Mass. App. LEXIS 1253

DecidedFebruary 27, 1979

StatusPublished

This text of 386 N.E.2d 744 (Commonwealth v. Williams) 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. Williams, 386 N.E.2d 744, 7 Mass. App. Ct. 866, 1979 Mass. App. LEXIS 1253 (Mass. Ct. App. 1979).

Pincite

Opinion

The only assignment of error now argued on appeal (see Commonwealth v. Watkins, 375 Mass. 472, 474 n.2 [1978]) does not warrant reversal of the judgment of conviction. 1. As the defendant neither requested the judge specifically to "instruct the jury that the Commonwealth had the burden of proving the absence of reasonable provocation or sudden combat in [his] manslaughter instruction,” nor took an exception to the judge’s failure to give such an instruction, appellate review of that assignment of error is now precluded. Commonwealth v. Fluker, 377 Mass. 123, 130-131 (1979), and cases cited. 2. Even though no exception was taken to the judge’s charge (compare Commonwealth v. Stokes, 374 Mass. 583, 587-589 [1978]), we have reviewed the entire record, including the transcript and exhibits, to ascertain whether in the circumstances there is "a substantial risk of a miscarriage of justice.” Commonwealth v. Freeman, 352 Mass. 556, 564 (1967). There is none. Commonwealth v. Bermudez, 370 Mass. 438, 440 (1976). See Commonwealth v. Johnson, 372 Mass. 185, 193 (1977); Commonwealth v. Greene, 372 Mass. 517, 521 (1977). Contrast Commonwealth v. Collins, 374 Mass. 596, 599-600 (1978).

Judgment affirmed.

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

The only assignment of error now argued on appeal (see Commonwealth v. Watkins, 375 Mass. 472, 474 n.2 [1978]) does not warrant reversal of the judgment of conviction. 1. As the defendant neither requested the judge specifically to "instruct the jury that the Commonwealth had the burden of proving the absence of reasonable provocation or sudden combat in [his] manslaughter instruction,” nor took an exception to the judge’s failure to give such an instruction, appellate review of that assignment of error is now precluded. Commonwealth v. Fluker, 377 Mass. 123, 130-131 (1979), and cases cited. 2. Even though no exception was taken to the judge’s charge (compare Commonwealth v. Stokes, 374 Mass. 583, 587-589 [1978]), we have reviewed the entire record, including the transcript and exhibits, to ascertain whether in the circumstances there is "a substantial risk of a miscarriage of justice.” Commonwealth v. Freeman, 352 Mass. 556, 564 (1967). There is none. Commonwealth v. Bermudez, 370 Mass. 438, 440 (1976). See Commonwealth v. Johnson, 372 Mass. 185, 193 (1977); Commonwealth v. Greene, 372 Mass. 517, 521 (1977). Contrast Commonwealth v. Collins, 374 Mass. 596, 599-600 (1978).

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

386 N.E.2d 744, 7 Mass. App. Ct. 866, 1979 Mass. App. LEXIS 1253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-williams-massappct-1979.

Opinion

Related

Cite This Page — Counsel Stack