Com. v. Crowell

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

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.

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4 cases
  • Commonwealth v. Richards
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • March 13, 1973
    ...333 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......
  • 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 (1964). Nor do we accept the defendant's contention that the above matters, even if they are not individually sufficient gro......
  • Com. v. Freeman
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • March 6, 1967
    ...referred 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 then t......
  • Com. v. Stout
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • June 23, 1969
    ...c. 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......

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