370 Mass. 147 (1976), Commonwealth v. Kelley

Citation370 Mass. 147, 346 N.E.2d 368
Party NameCOMMONWEALTH v. Kevin KELLEY.
Case DateApril 15, 1976
CourtSupreme Judicial Court of Massachusetts

Page 147

370 Mass. 147 (1976)

346 N.E.2d 368

COMMONWEALTH

v.

Kevin KELLEY.

Supreme Judicial Court of Massachusetts, Middlesex.

April 15, 1976

Argued March 1, 1976.

Francis C. Newton, Jr., Boston, for defendant.

Robert M. Buchanan, Legal Asst. Dist. Atty., for the Commonwealth.

Before HENNESSEY, C.J., and REARDON, QUIRICO, BRAUCHER and WILKINS, JJ.

HENNESSEY, Chief Justice.

The defendant was convicted of the crimes of breaking and entering in the day-time, and larceny of less than $100, after trial bye jury in a District Court. The defendant was sentenced to serve three months in a house of correction as to each conviction, with the sentences to be served concurrently. The judge entered an

Page 148

order staying execution of the sentences pending [346 N.E.2d 369] appeal. The appeal is before us on the defendant's bill of exceptions.

The defendant argues two issues: first, that the denial of his motions for directed verdicts as to both complaints was error; and second, that there was error in the denial of his motions for a new trial. We conclude that there was no error and affirm the judgments.

The evidence most favorable to the Commonwealth was as follows. John R. McLean, Jr., a detective with the Sudbury police department, received a call at approximately 11:15 A.M. on July 3, 1974, and went to the residence of Frank J. Vazal at 222 Hudson Road in Sudbury where he entered the house through a screen door leading to a porch at the rear of the house. The door had some scratches near the latch. An inspection of the house revealed that furniture drawers had been opened and items had been pulled from the drawers in various rooms. In opened red-handled greenhouse knife was also found.

Mrs. Vazal, who resides at 222 Hudson Road, had been away from the house from about 10 A.M. to noon on July 3, 1974. She testified that she left the house locked and that she had never seen the red-handled knife before. She described the condition of the premises before and after the burglary. She discovered that two children's banks, a piggy bank and another bank in the shape of a Tootsie Roll, which combined had contained a total of between $10 and $24, were missing.

About 11:15 A.M. on July 3, 1974, two sisters, Denise Dansro and Rene e Dansro, ages fifteen and seventeen, who resided at 221 Hudson Road in Sudbury, across Hudson Road from the Vazal home, saw a maroon 1966 Chevrolet Chevelle automobile turn onto Crestview Drive, a short cul-desac road running off Hudson Road and along one side of the Dansro home. The car turned around at the end of Crestview Drive, returned to a spot near the intersection with Hudson Road, and parked. The driver remained in the vehicle. Because Crestview Drive has little traffic and the car had not stopped near any of the houses on Crestview Drive, the Dansro sisters were curious as to

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why it was there. Within a few minutes a man carrying a brown paper bag in his arms ran toward Hudson Road down a lightly wooded depression between the Vazal house and a neighboring house on property next door or adjacent to...

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207 practice notes
  • 19 Mass.App.Ct. 666 (1985), Commonwealth v. Jacobson
    • United States
    • Massachusetts Appeals Court of Massachusetts
    • April 22, 1985
    ...of Jacobson's renewed motion for a required finding of not guilty at the conclusion of all the evidence. See Commonwealth v. Kelley, 370 Mass. 147, 150, 346 N.E.2d 368 (1976). The evidence in the defense case contradicted the prosecution's evidence by giving an explanation for most of the c......
  • 19 Mass.App.Ct. 970 (1985), Commonwealth v. Qualter
    • United States
    • Massachusetts Appeals Court of Massachusetts
    • February 6, 1985
    ..."[W]e consider only the evidence introduced up to the time that the Commonwealth rested its case...." Commonwealth v. Kelley, 370 Mass. 147, 150, 346 N.E.2d 368 (1976). The defendant did not renew his motion for required findings at the close of all the evidence. However, we have ......
  • 20 Mass.App.Ct. 398 (1985), Commonwealth v. Mendrala
    • United States
    • Massachusetts Appeals Court of Massachusetts
    • July 19, 1985
    ...and the passenger as Bailey. Bailey claims that although at the time the Commonwealth rested its case, see Commonwealth v. Kelley, 370 Mass. 147, 150, 346 N.E.2d 368 (1976), 2 there was evidence that he was one of the three men in the car with the complainant, there was no evidence, other t......
  • 22 Mass.App.Ct. 959 (1986), Commonwealth v. Sowell
    • United States
    • Massachusetts Appeals Court of Massachusetts
    • July 7, 1986
    ...the jury's finding at the close of the Commonwealth's case, and again at the close of all the evidence, see Commonwealth v. Kelley, 370 Mass. 147, 149-150, 346 N.E.2d 368 (1976); Commonwealth v. Hastings, 22 Mass.App.Ct. 930, 931, 493 N.E.2d 508 (1986), that the defendant had committed an u......
  • Request a trial to view additional results
207 cases
  • 19 Mass.App.Ct. 666 (1985), Commonwealth v. Jacobson
    • United States
    • Massachusetts Appeals Court of Massachusetts
    • April 22, 1985
    ...of Jacobson's renewed motion for a required finding of not guilty at the conclusion of all the evidence. See Commonwealth v. Kelley, 370 Mass. 147, 150, 346 N.E.2d 368 (1976). The evidence in the defense case contradicted the prosecution's evidence by giving an explanation for most of the c......
  • 19 Mass.App.Ct. 970 (1985), Commonwealth v. Qualter
    • United States
    • Massachusetts Appeals Court of Massachusetts
    • February 6, 1985
    ..."[W]e consider only the evidence introduced up to the time that the Commonwealth rested its case...." Commonwealth v. Kelley, 370 Mass. 147, 150, 346 N.E.2d 368 (1976). The defendant did not renew his motion for required findings at the close of all the evidence. However, we have ......
  • 20 Mass.App.Ct. 398 (1985), Commonwealth v. Mendrala
    • United States
    • Massachusetts Appeals Court of Massachusetts
    • July 19, 1985
    ...and the passenger as Bailey. Bailey claims that although at the time the Commonwealth rested its case, see Commonwealth v. Kelley, 370 Mass. 147, 150, 346 N.E.2d 368 (1976), 2 there was evidence that he was one of the three men in the car with the complainant, there was no evidence, other t......
  • 22 Mass.App.Ct. 959 (1986), Commonwealth v. Sowell
    • United States
    • Massachusetts Appeals Court of Massachusetts
    • July 7, 1986
    ...the jury's finding at the close of the Commonwealth's case, and again at the close of all the evidence, see Commonwealth v. Kelley, 370 Mass. 147, 149-150, 346 N.E.2d 368 (1976); Commonwealth v. Hastings, 22 Mass.App.Ct. 930, 931, 493 N.E.2d 508 (1986), that the defendant had committed an u......
  • Request a trial to view additional results