Commonwealth v. Ingram

Commonwealth v. Larry D. Ingram

Commonwealth v. Ingram, 440 N.E.2d 1184 (Mass. App. Ct. 1982)

Court: Massachusetts Appeals Court · State Appellate Courts
Decided: October 7, 1982
Citations: 440 N.E.2d 118414 Mass. App. Ct. 9991982 Mass. App. LEXIS 1462

Cited by 7 3 descriptions by later courts

Opinion of the Court

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

The contention on appeal is improper closing argument. We have read the argument in its entirety. The recitation of the evidence was not distorted or.mischaracterized, as the defendant argues. To the degree the recitation of the evidence was inflammatory, that was inherent in the odious and brutal nature of the crimes committed. It was, perhaps, not necessary for the prosecutor to have said: “Sympathy has no place in a *1000 court of law . . . and when you start to feel sympathy for [the defendant], I want you to pause a minute. I want you to think and imagine the terror, the pain, the indignity and the humiliation that he inflicted upon [the victim].” Arguing that the public has rights and that the case should not be decided on sympathy is, however, within the bounds of permissible argument. Commonwealth v. McColl, 375 Mass. 316, 323 (1978). See Commonwealth v. Fitzgerald, 376 Mass. 402, 423-424 (1978). In any event, defense counsel made no express objection to the remark quoted so that the judge might be alerted to making an appropriate neutralizing instruction. Counsel’s motion for a mistrial was a too generalized objection to the summation to have raised the issue now argued. See generally Commonwealth v. DeChristoforo, 360 Mass. 531, 536-539 (1971); Commonwealth v. Nordstrom, 364 Mass. 310, 316 (1973); Commonwealth v. Fitzgerald , 376 Mass, at 424; Commonwealth v. Daigle, 379 Mass. 541, 549-550 (1980). Contrast Commonwealth v. Redmond, 370 Mass. 591, 596-597 (1976); Commonwealth v. Hawley, 380 Mass. 70, 82-88 (1980).

Carlo A. Obligato for the defendant. Michael J. Traft, Assistant District Attorney, for the Commonwealth.

Judgments affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

(“To the degree the recitation of the evidence was inflammatory, that was inherent in the odious and brutal nature of the crime[] committed”)

Commonwealth v. Harbin, 760 N.E.2d 1216 (Mass. 2002)
(prosecutor’s “grisly” depiction of murder deemed proper, where evidence was properly admitted)

Commonwealth v. Ramirez, 709 N.E.2d 830 (Mass. App. Ct. 1999)
(armed assault, aggravated rape, armed robbery)

Commonwealth v. Correia, 836 N.E.2d 517 (Mass. App. Ct. 2005)

Cited by 7 cases

View all citing references →

Relies on it most ⓘ

Commonwealth v. Sanchez540 N.E.2d 1316 (Mass. 1989)
Commonwealth v. Lyons688 N.E.2d 1350 (Mass. 1998)
Commonwealth v. Thomas511 N.E.2d 1095 (Mass. 1987)
Commonwealth v. Harbin760 N.E.2d 1216 (Mass. 2002)
Commonwealth v. Correia836 N.E.2d 517 (Mass. App. Ct. 2005)
Commonwealth v. Barros511 N.E.2d 362 (Mass. App. Ct. 1987)

Most recent

Commonwealth v. Correia836 N.E.2d 517 (Mass. App. Ct. 2005)
Commonwealth v. Harbin760 N.E.2d 1216 (Mass. 2002)
Commonwealth v. Ramirez709 N.E.2d 830 (Mass. App. Ct. 1999)
Commonwealth v. Lyons688 N.E.2d 1350 (Mass. 1998)
Commonwealth v. Sanchez540 N.E.2d 1316 (Mass. 1989)
Commonwealth v. Thomas511 N.E.2d 1095 (Mass. 1987)

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
	Commonwealth v. Fitzgerald, 381 N.E.2d 123 (Mass. 1978)	178
	Commonwealth v. De Christoforo, 277 N.E.2d 100 (Mass. 1971)	135
	Commonwealth v. Nordstrom, 103 N.E.2d 711 (Mass. 1973)	65
	Commonwealth v. Redmond, 351 N.E.2d 501 (Mass. 1976)	54
	Commonwealth v. Daigle, 399 N.E.2d 1063 (Mass. 1980)	54
	Commonwealth v. McColl, 376 N.E.2d 562 (Mass. 1978)	38
	Commonwealth v. Hawley, 401 N.E.2d 827 (Mass. 1980)	35

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