(DOWNLOAD) "Commonwealth v. Powers" by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Powers
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 06, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
FIELD, Justice. The defendant was indicted in two counts. The first count was for larceny of an automobile, the second for the use of a motor vehicle without authority. See G.L.(Ter.Ed.) c. 90, § 24. There was a verdict of not guilty on the first count and a verdict of guilty on the second count. The case comes before us on exceptions to the admission of evidence and to the refusal of the Judge to instruct the jury as requested. 1. There was evidence tending to show that the defendant was a passenger in an automobile, alleged to have been stolen, which was involved in an accident. The defendant was arrested and the next day was 'placed in a line-up at the Boston Police Headquarters for the purpose of a possible identification' by one Campbell. Campbell, called as a witness by the Commonwealth, testified, without objection, with reference to the line-up, that there 'were fourteen men standing up there' and that he saw a man that he 'had seen the day before, in the accident,' and that the man was the defendant. This witness was asked, over the objection of the defendant, as to his conversation with the police officer in charge in the presence of the defendant and testified that the officer said, 'Have you ever seen this man before?' The witness was then asked, again over the defendant's objection whether the officer when he said this pointed to someone, and the witness answered that the officer pointed to the defendant. He further testified that he replied to the officer's question,' 'Yes, I saw him yesterday.' The witness was then asked, 'Now, did Powers say anything?' and answered, 'Yes,' and was asked, 'What did he say?' and answered, 'He said 'I am not guilty.' Counsel for the defendant moved that this evidence 'all go out,' but the Judge permitted it to stand and the defendant excepted.