Opinion

Commonwealth v. Smith

  • 7 Mass. App. Ct. 879
  • 386 N.E.2d 803
  • 1979 Mass. App. LEXIS 1268
Court
Massachusetts Appeals Court
Filed
Mar 14, 1979
Status
Published
On the bench
Brown
Cited by
0 cases
Authority
More cited than 10.9%

The opinion

On the state of the evidence disclosed by the substitute bill of exceptions, the inquiry which the defendant was precluded (despite the fact that the Commonwealth had raised no objection) from putting to the complaining wit *880 ness on cross-examination related not merely to the credibility of the latter but to the central issue of the correctness of the identification of the defendant as one of the smaller group which committed the crime, an issue which was not obviated by the defendant’s admission that he was part of the larger group in the vicinity. In these circumstances it was error to foreclose inquiry on cross-examination into the content of the written description which led to the apprehension of the defendant and the subsequent in-person identification of him by the complaining witness. See Commonwealth v. Franklin, 366 Mass. 284, 290 (1974), and cases cited; Commonwealth v. Graziano, 368 Mass. 325, 329-330 (1975); Commonwealth v. Bohannon, 376 Mass. 90, 94 (1978); Commonwealth v. Dominico, 1 Mass. App. Ct. 693, 712 (1974), and cases cited.

Joseph M. Flak for the defendant.

Robert J. Schilling, Special Assistant District Attorney, for the Commonwealth.

Exceptions sustained.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.