Com. v. Crowell

CourtUnited States State Supreme Judicial Court of Massachusetts
Writing for the CourtBefore WILKINS
Citation198 N.E.2d 623,347 Mass. 771
Decision Date29 April 1964
PartiesCOMMONWEALTH v. Richard H. CROWELL. . Suffolk

Page 623

198 N.E.2d 623
347 Mass. 771
COMMONWEALTH

v.
Richard H. CROWELL.
Supreme Judicial Court of Massachusetts. Suffolk.
Argued March 2, 1964.
Decided April 29, 1964.

Paul D. Doherty, Boston, for defendant.

John T. Gaffney, Asst.Dist.Atty., for the Commonwealth.

Before WILKINS, C.J., and SPALDING, WHITTEMORE, KIRK and REARDON, JJ.

RESCRIPT.

The judge denied the defendant's motion under G.L. c. 278, § 29C, that he be permitted to withdraw his plea of guilty to so much of an indictment, charging him with murder in the first degree, as charged murder in the second degree; that his sentence under G.L. c. 265, § 2, be revoked; and that he be allowed to stand trial. The denial of the motion rested in the discretion of the judge. Commonwealth v. Sitko, Mass., 190 N.E.2d 902, 1 and cases cited. Commonwealth v. Abboud, Mass., 193 N.E.2d 264. 2 Although the case is not properly before us in any one of the several permissible ways recognized and discussed in Guerin v. Commonwealth, 337 Mass. 264, 266-268, 149 N.E.2d 220, we have, nevertheless, in our consideration of the case, studied the record and the transcripts in the successive proceedings and conclude that the action of the judge was eminently just. We disregard the "bill of exceptions" which was never allowed (Commonwealth v. Robinson, 295 Mass. 471, 472-473, 4 N.E.2d 300) and the "assignment of errors" which does not relate to any exception saved by the defendant. Commonwealth v. Gray, 314 Mass. 96, 102, 49 N.E.2d 603. We treat the defendant's "appeal" as an effort to impeach the judgment upon matter of law apparent on the record. Guerin v. Commonwealth, 337 Mass. 264, 266, 149 N.E.2d 220. We find no error in this respect or otherwise.

Appeal dismissed.

---------------

1 Mass.Adv.Sh. (1963) 865.

2 Mass.Adv.Sh. (1963) 1027.

To continue reading

Request your trial
4 practice notes
  • Commonwealth v. Richards
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • March 13, 1973
    ...Mass. 751, 756--757, 133 N.E.2d 246, and Commonwealth v. Freeman, 352 Mass. 556, 563--564, 227 N.E.2d 3, with Commonwealth v. Crowell, 347 Mass. 771, 198 N.E.2d 623, and Commonwealth v. Kiernan, 348 Mass. 29, 33, 201 N.E.2d 504. If we reached the merits we would assess at a considerable dis......
  • Com. v. Shagoury
    • United States
    • Appeals Court of Massachusetts
    • September 12, 1978
    ...The judge did not abuse his discretion in denying the defendant's motion to revise or revoke that sentence. See Commonwealth v. Crowell, 347 Mass. 771, 198 N.E.2d 623 Nor do we accept the defendant's contention that the above matters, even if they are not individually sufficient grounds for......
  • Com. v. Freeman
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • March 6, 1967
    ...to in Commonwealth v. Conroy, 333 Mass. 751, 756--757, 133 N.E.2d 246, so that there may be a new trial. Cf. Commonwealth v. Crowell, 347 Mass. 771, 198 N.E.2d 623; Commonwealth v. Kiernan, 348 Mass. 29, 33, 201 N.E.2d Judgment reversed. Verdict set aside. --------------- 1 Freeman, himself......
  • Com. v. Stout
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • June 23, 1969
    ...352, § 1. We have referred to it on numerous occasions. Commonwealth v. Gray, 314 Mass. 96, 102, 49 N.E.2d 603; Commonwealth v. Crowell, 347 Mass. 771, 198 N.E.2d 623; Commonwealth v. Kiernan, 348 Mass. 29, 33, 201 N.E.2d 504. Order in the administration of criminal justice requires that if......
4 cases
  • Commonwealth v. Richards
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • March 13, 1973
    ...Mass. 751, 756--757, 133 N.E.2d 246, and Commonwealth v. Freeman, 352 Mass. 556, 563--564, 227 N.E.2d 3, with Commonwealth v. Crowell, 347 Mass. 771, 198 N.E.2d 623, and Commonwealth v. Kiernan, 348 Mass. 29, 33, 201 N.E.2d 504. If we reached the merits we would assess at a considerable dis......
  • Com. v. Shagoury
    • United States
    • Appeals Court of Massachusetts
    • September 12, 1978
    ...The judge did not abuse his discretion in denying the defendant's motion to revise or revoke that sentence. See Commonwealth v. Crowell, 347 Mass. 771, 198 N.E.2d 623 Nor do we accept the defendant's contention that the above matters, even if they are not individually sufficient grounds for......
  • Com. v. Freeman
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • March 6, 1967
    ...to in Commonwealth v. Conroy, 333 Mass. 751, 756--757, 133 N.E.2d 246, so that there may be a new trial. Cf. Commonwealth v. Crowell, 347 Mass. 771, 198 N.E.2d 623; Commonwealth v. Kiernan, 348 Mass. 29, 33, 201 N.E.2d Judgment reversed. Verdict set aside. --------------- 1 Freeman, himself......
  • Com. v. Stout
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • June 23, 1969
    ...352, § 1. We have referred to it on numerous occasions. Commonwealth v. Gray, 314 Mass. 96, 102, 49 N.E.2d 603; Commonwealth v. Crowell, 347 Mass. 771, 198 N.E.2d 623; Commonwealth v. Kiernan, 348 Mass. 29, 33, 201 N.E.2d 504. Order in the administration of criminal justice requires that if......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT