Delle Chiaie v. Commonwealth

Massachusetts Supreme Judicial Court

Delle Chiaie v. Commonwealth

233 N.E.2d 914, 353 Mass. 771, 1968 Mass. LEXIS 916

CourtMassachusetts Supreme Judicial Court

DecidedFebruary 6, 1968

StatusPublished

Cited by5 cases

This text of 233 N.E.2d 914 (Delle Chiaie v. Commonwealth) 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

Delle Chiaie v. Commonwealth, 233 N.E.2d 914, 353 Mass. 771, 1968 Mass. LEXIS 916 (Mass. 1968).

Pincite

Opinion

This petition for a writ of error to reverse a judgment was filed in the county court on August 17, 1966. G. L. c. 250, § 11. The judgment was entered in the [772]*772Superior Court on November 20,1947, and affirmed here on February 3, 1949. Commonwealth v. Delle Chiaie, 323 Mass. 615. The case was submitted on a purported “statement of agreed facts” to a single justice, who declined to issue the writ and ordered the petition dismissed. The statement was inadequate and for the most part merely an agreement as to evidence. Much of it consisted of quotations from newspapers and other hearsay. The statement should have been confined to facts and should have covered every fact material to the issues sought to be raised by the petition. It fell far short of presenting the minimum material necessary for a proper consideration of such issues. Its submission presented no case worthy of judicial consideration.

Maurice Bavich (John J. Byan, III, with him) for the petitioner. Willie J. Davis, Assistant Attorney General, for the Commonwealth.

Exceptions overruled.

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This petition for a writ of error to reverse a judgment was filed in the county court on August 17, 1966. G. L. c. 250, § 11. The judgment was entered in the [772]*772Superior Court on November 20,1947, and affirmed here on February 3, 1949. Commonwealth v. Delle Chiaie, 323 Mass. 615. The case was submitted on a purported “statement of agreed facts” to a single justice, who declined to issue the writ and ordered the petition dismissed. The statement was inadequate and for the most part merely an agreement as to evidence. Much of it consisted of quotations from newspapers and other hearsay. The statement should have been confined to facts and should have covered every fact material to the issues sought to be raised by the petition. It fell far short of presenting the minimum material necessary for a proper consideration of such issues. Its submission presented no case worthy of judicial consideration.

Maurice Bavich (John J. Byan, III, with him) for the petitioner. Willie J. Davis, Assistant Attorney General, for the Commonwealth.

Exceptions overruled.

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Bluebook (online)

233 N.E.2d 914, 353 Mass. 771, 1968 Mass. LEXIS 916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delle-chiaie-v-commonwealth-mass-1968.

Opinion

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