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Commonwealth v. Valentino

Commonwealth v. Raymond Valentino

Commonwealth v. Valentino, 154 N.E. 179 (Mass. 1926)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
November 22, 1926
Judges
Wait
Citations
154 N.E. 179257 Mass. 4191926 Mass. LEXIS 1393

Opinion of the Court — Wait

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Wait, J.

These exceptions cannot be sustained. No question of law which did not arise at the trial was presented by the motion for a new trial. The decision upon that motion was within the discretion of the trial judge. Nothing appears to show an abuse of discretion. Commonwealth v. Teregno, 234 Mass. 56, 60 .

The bill of exceptions fails to show that any objection was made to the questions asked of the witnesses. It was too late to object and to move to strike out after responsive answers had been given. Commonwealth v. Johnson, 199 Mass. 55, 60, 61 . See Wigmore, Ev., § 18, and cases cited.

Nothing appears to show that counsel for the defendant was surprised by the answers, or misled by the questions.

Exceptions overruled.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1933: 11942: 11943: 11951: 11978: 119332026peak 1933 · 1

Relies on it most ⓘ

  1. Commonwealth v. Beal50 N.E.2d 14 (Mass. 1943)
  2. Crowley v. Swanson186 N.E. 46 (Mass. 1933)
  3. Berwin v. Levenson42 N.E.2d 568 (Mass. 1942)
  4. Bachand v. Vidal101 N.E.2d 884 (Mass. 1951)
  5. Commonwealth v. Bernard378 N.E.2d 696 (Mass. App. Ct. 1978)

Most recent

  1. Commonwealth v. Bernard378 N.E.2d 696 (Mass. App. Ct. 1978)
  2. Bachand v. Vidal101 N.E.2d 884 (Mass. 1951)
  3. Commonwealth v. Beal50 N.E.2d 14 (Mass. 1943)
  4. Berwin v. Levenson42 N.E.2d 568 (Mass. 1942)
  5. Crowley v. Swanson186 N.E. 46 (Mass. 1933)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Commonwealth v. Johnson, 85 N.E. 188 (Mass. 1908) 54
Commonwealth v. Teregno, 124 N.E. 889 (Mass. 1919) 18

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