Commonwealth v. Richards

Commonwealth v. Ralph P. Richards

Commonwealth v. Richards, 296 N.E.2d 506 (Mass. App. Ct. 1973)

Court: Massachusetts Appeals Court · State Appellate Courts
Decided: May 7, 1973
Citations: 296 N.E.2d 5061 Mass. App. Ct. 8211973 Mass. App. LEXIS 557

Cited by 5

Opinion of the Court

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On December 1, 1970, the defendant was found guilty of murder in the second degree and was sentenced to life imprisonment. He appealed, briefs were submitted by the parties, and the matter was argued before this court at its January sitting. Subsequently, on January 30, 1973, the defendant was granted a six day furlough from the institution to which he had been committed. He has never returned from that furlough. On learning that the defendant was a fugitive, the attorney for the Commonwealth filed a motion to dismiss the appeal. At the hearing on the motion, counsel for the defendant agreed that the defendant had been granted a furlough, had not returned at its expiration, and that his whereabouts were unknown. In Commonwealth v. Rezendes, 353 Mass. 228 , it was clearly *822 stated that the right of appeal cannot be permitted to a fugitive from justice. In that case the court said, “By his voluntary act, which renders him unavailable to await the decision of the court, he has waived appellate rights. There is no occasion for us to consider his exceptions or any arguments now made on his behalf. This is the necessary consequence of our cases, a result which we fully approve. Commonwealth v. Andrews, 97 Mass. 543 . Commonwealth v. Dowdican’s Bail, 115 Mass. 133, 137 . Henderson v. Henderson, 329 Mass. 257, 258 . Ellis v. Doherty, 334 Mass. 466, 468 . See Smith v. United States, 94 U. S. 97 ; Allen v. Georgia, 166 U. S. 138 . See also 69 A. L. R. 2d 824, 848.”

Robert A. Stanziani for the defendant. John F. Creedon, Assistant District Attorney, for the Commonwealth.

Appeal dismissed.

How later courts describe this case

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

Cited by 5 cases

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Relies on it most ⓘ

Commonwealth v. Richards425 N.E.2d 305 (Mass. 1981)
Whitmarsh v. Commonwealth316 N.E.2d 610 (Mass. 1974)
Hunnewell v. Hunnewell445 N.E.2d 1080 (Mass. App. Ct. 1983)
Sommer v. Monga626 N.E.2d 16 (Mass. App. Ct. 1994)
Commonwealth v. Richards410 N.E.2d 1218 (Mass. App. Ct. 1980)

Most recent

Sommer v. Monga626 N.E.2d 16 (Mass. App. Ct. 1994)
Hunnewell v. Hunnewell445 N.E.2d 1080 (Mass. App. Ct. 1983)
Commonwealth v. Richards425 N.E.2d 305 (Mass. 1981)
Commonwealth v. Richards410 N.E.2d 1218 (Mass. App. Ct. 1980)
Whitmarsh v. Commonwealth316 N.E.2d 610 (Mass. 1974)

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 7

Depth	Case	Cited by
	Smith v. United States, 94 U.S. 97 (1876)	236
	Allen v. Georgia, 166 U.S. 138 (1897)	129
	Commonwealth v. Bail, 115 Mass. 133 (1874)	85
	Commonwealth v. Andrews, 97 Mass. 543 (1867)	41
	Henderson v. Henderson, 107 N.E.2d 773 (Mass. 1952)	31
	Commonwealth v. Rezendes, 230 N.E.2d 647 (Mass. 1967)	17
	Ellis v. Doherty, 136 N.E.2d 203 (Mass. 1956)	14

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