TaiLexi AI U.S. Case Law

Commonwealth v. Boyd

Commonwealth v. Frederick Boyd

Commonwealth v. Boyd, 294 N.E.2d 454 (Mass. App. Ct. 1973)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Massachusetts Appeals Court · State Appellate Courts
Decided
January 24, 1973
Citations
294 N.E.2d 4541 Mass. App. Ct. 8031973 Mass. App. LEXIS 530

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

The defendant was indicted for assault and battery by means of a dangerous weapon and for armed robbery, tried under the provisions of G. L. c. 278, §§ 33A-33G, and convicted. The cases are here on an assignment of errors, only one of which is briefed and argued. Error is alleged in the admission of two small photographs, in color, of the victim as he appeared four days after the assault. The defendant contends that these photographs were not relevant to the issue on trial and only served to inflame the jury and prejudice them against the defendant. The defendant held up the victim, a sixty-nine year old man, with a gun, tore his wallet containing about $90 from a pocket in the victim’s clothing and was pistol whipping the victim when he was seized and held by a passer-by. Moments later the defendant was turned over to the police. The photographs were relevant on the issue of assault and battery by means of a dangerous weapon. Whether such evidence was so inflammatory as to outweigh its probative value was a question to be determined by the trial judge in the sound exercise of his discretion. Commonwealth v. D’Agostino, 344 Mass. 276, 279 . In the light of the overwhelming evidence of guilt, we cannot perceive how these photographs could have so inflamed the jury as to have affected their verdict. There was no error.

Judgments affirmed.

How later courts describe this case

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

Cited by 0 cases

No case in this database cites this case.

Authorities cited 1

DepthCaseCited by
Commonwealth v. D'Agostino, 182 N.E.2d 133 (Mass. 1962) 74

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list