Com v. Coleman

Decision Date10 March 1986
Citation489 N.E.2d 994,397 Mass. 1001
PartiesCOMMONWEALTH v. David COLEMAN.
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court

Michael D. Cutler, Boston, for defendant.

Judy G. Zeprun, Asst. Dist. Atty. (Paul F. Connolly, Asst. Dist. Atty., with her), for Com.

Before WILKINS, LIACOS, NOLAN, LYNCH and O'CONNOR, JJ.

RESCRIPT.

We adopt the analysis and conclusion in the well constructed opinion of the Appeals Court. 20 Mass.App.Ct. 541, 481 N.E.2d 523 (1985). We decline to modify the quantitative rule at this time because this case is not an appropriate vehicle for such modification.

The judgment of the Superior Court on indictment no. 039591 is reversed, the verdict is set aside, and judgment is to be entered for the defendant. The judgment of the Superior Court is affirmed on indictment no. 039590.

So ordered.

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9 cases
  • Com. v. Silva
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • December 17, 1987
    ...and mechanical. Commonwealth v. Hawley, 380 Mass. 70, 81-82, 401 N.E.2d 827 (1980). Commonwealth v. Coleman, 20 Mass.App.Ct. 541, 553-557, 481 N.E.2d 523 (1985), Id. 397 Mass. 1001, 489 N.E.2d 994 (1986). Although we apply the customary quantitative rule in the present case and conclude tha......
  • Edinburg v. Edinburg
    • United States
    • Appeals Court of Massachusetts
    • July 2, 1986
    ... ... 211] law. 2 When will perjury become a crime for such perpetrators as she--lawyers, entrepeneurs, developers, so-called "wheeler-dealers" and the like? See and compare Commonwealth v. Coleman, 20 Mass.App.Ct. 541, 542-545, 481 N.E.2d 523 (1985), S.C., 397 Mass. 1001, 489 N.E.2d 994 (1986), for an example of how perjury is dealt with in the usual context. It cannot be said often enough that doctors, lawyers, merchants, politicians and other professionals must not be encouraged to ... ...
  • Com. v. Brown
    • United States
    • Appeals Court of Massachusetts
    • July 16, 2002
    ... ... Silva, 401 Mass. 318, 324, 516 N.E.2d 161 (1987), that the evidence offered to corroborate the direct evidence of perjury "`must be of a direct or clear and compelling character,' Commonwealth v. Coleman, 20 Mass.App.Ct. [541,] 558 [481 N.E.2d 523 (1985), S.C., 397 Mass. 1001, 489 N.E.2d 994 (1986)], `objectively inconsistent with the innocence of the defendant.' Id. at 557 & n. 21 [481 N.E.2d 523]." All that was before the grand jury, the defense counsel argued, was Robinson's testimony that ... ...
  • Barksdale v. Director of Div. of Employment Sec.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • March 10, 1986
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