Com. v. Butynski

CourtUnited States State Supreme Judicial Court of Massachusetts
Writing for the CourtBefore WILKINS; CUTTER
Citation339 Mass. 151,158 N.E.2d 310
Decision Date04 May 1959
PartiesCOMMONWEALTH v. Joseph J. BUTYNSKI, Appellant.

Page 310

158 N.E.2d 310
339 Mass. 151
COMMONWEALTH

v.
Joseph J. BUTYNSKI, Appellant.
Supreme Judicial Court of Massachusetts, Franklin.
Argued April 6, 1959.
Decided May 4, 1959.

Page 311

Sanford Keedy, Dist. Atty., Amherst, Oscar Grife, Asst. Dist. Atty., Northampton, and Timothy A. Murphy, Greenfield, for commonwealth.

Manuel Katz, Boston (Douglas E. O'Neil, Greenfield, with him), for defendant.

Before WILKINS, C. J., and RONAN, COUNIHAN, WHITTEMORE and CUTTER, JJ.

CUTTER, Justice.

The defendant was charged by complaint with being concerned on January 7, 1957, with setting up and promoting a lottery for money in violation of G.L. c. 271, § 7. He was found guilty in the District Court. After trial on appeal in the Superior Court, the jury returned a verdict of guilty. The only exceptions argued were those based upon the admission of certain testimony.

1. The Commonwealth, subject to the defendant's exception, was permitted to introduce testimony that, on December 29, 1956, about ten days prior to the date (January 7, [339 Mass. 152] 1957) of the offense charged, two State police officers played a pinball machine in a tavern in Greenfield. One of them (one Dotty) 'played for about twenty minutes and won over fifty games. He played some [games] off, still leaving fifty free games.' The defendant told the officer 'to knock the games off' and paid him $2.50 apparently for the free games. The officers returned to the tavern (Dotty remaining outside) on January 7, 1957, and the other officer (one Erdeski) was paid by the defendant $3 for sixty free games which he then won. The defendant contends that evidence of the activities on December 29, 1956, was inadmissible as tending to prove the commission of an offence, separate from, but similar to, that of January 7, 1957.

Page 312

The evidence of the events on December 29 tended 'to show that the defendant * * * had entered into a general scheme' to conduct a lottery in the tavern 'substantially by the same means, as appears in the present case,' with respect to the events of January 7. The evidence 'is admissible to show the intent and purpose with which * * * [the defendant] acted and that the acts charged were part of a * * * scheme.' Commonwealth v. Corcoran, 252 Mass. 465, 478, 148 N.E. 123, 125. See Commonwealth v. Robinson, 146 Mass. 571, 577, 16 N.E. 452; Commonwealth v. McHugh, 316 Mass. 15, 23, 54 N.E.2d 934. See also annotations, 15 A.L.R.2d 1080; 40 A.L.R.2d 817. The Commonwealth was contending that the defendant made cash pay-offs on the number of free games won and that the playing of the machine on such a basis constituted a lottery. Commonwealth v....

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16 practice notes
  • Com. v. Walker
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 24 d4 Junho d4 1976
    ...was substantially outweighed by the probative value of the statement on the issue of criminal intent, see Commonwealth v. Butynski, 339 Mass. 151, 152, 158 N.E.2d 310 (1959), and the judge's instructions to the jury on the 11. Detective McConkey testified before the jury that following the ......
  • Com. v. King
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 13 d3 Outubro d3 1982
    ...(breaking and entering). Commonwealth v. Baldassini, 357 Mass. 670, 678, 260 N.E.2d 150 (1979) (gambling). Commonwealth v. Butynski, 339 Mass. 151, 152, 158 N.E.2d 310 (1959) (lottery). The defendant is correct in arguing that we have not held that evidence of a defendant's sexual conduct w......
  • Com. v. Borans
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 4 d2 Setembro d2 1979
    ...an intention to commit that crime." Commonwealth v. Stuart, 207 Mass. 563, 570, 93 N.E. 825, 828 (1911). See Commonwealth v. Butynski, 339 Mass. 151, 152, 158 N.E.2d 310, 312 (1959) ("The consistency of the . . . conduct . . . tended to [379 Mass. 148] show . . . relevant background . . . (......
  • Commonwealth v. McGee, SJC–11209.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 1 d2 Julho d2 2014
    ...193–194, 770 N.E.2d 1 (2002), quoting Terrio v. McDonough, 16 Mass.App.Ct. 163, 173, 450 N.E.2d 190 (1983). See Commonwealth v. Butynski, 339 Mass. 151, 153, 158 N.E.2d 310 (1959). We review a trial judge's decision to allow a demonstration for abuse of discretion, and “will not interfere w......
  • Request a trial to view additional results
16 cases
  • Com. v. Walker
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 24 d4 Junho d4 1976
    ...was substantially outweighed by the probative value of the statement on the issue of criminal intent, see Commonwealth v. Butynski, 339 Mass. 151, 152, 158 N.E.2d 310 (1959), and the judge's instructions to the jury on the 11. Detective McConkey testified before the jury that following the ......
  • Com. v. King
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 13 d3 Outubro d3 1982
    ...(breaking and entering). Commonwealth v. Baldassini, 357 Mass. 670, 678, 260 N.E.2d 150 (1979) (gambling). Commonwealth v. Butynski, 339 Mass. 151, 152, 158 N.E.2d 310 (1959) (lottery). The defendant is correct in arguing that we have not held that evidence of a defendant's sexual conduct w......
  • Com. v. Borans
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 4 d2 Setembro d2 1979
    ...an intention to commit that crime." Commonwealth v. Stuart, 207 Mass. 563, 570, 93 N.E. 825, 828 (1911). See Commonwealth v. Butynski, 339 Mass. 151, 152, 158 N.E.2d 310, 312 (1959) ("The consistency of the . . . conduct . . . tended to [379 Mass. 148] show . . . relevant background . . . (......
  • Commonwealth v. McGee, SJC–11209.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 1 d2 Julho d2 2014
    ...193–194, 770 N.E.2d 1 (2002), quoting Terrio v. McDonough, 16 Mass.App.Ct. 163, 173, 450 N.E.2d 190 (1983). See Commonwealth v. Butynski, 339 Mass. 151, 153, 158 N.E.2d 310 (1959). We review a trial judge's decision to allow a demonstration for abuse of discretion, and “will not interfere w......
  • Request a trial to view additional results

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