Com. v. Crutchfield

Decision Date15 September 1978
Citation380 N.E.2d 144,6 Mass.App.Ct. 923
PartiesCOMMONWEALTH v. Anthony CRUTCHFIELD.
CourtAppeals Court of Massachusetts

Daniel E. Callahan, III, Boston, for defendant.

Thomas J. Carey, Jr., Asst. Dist. Atty. and Patricia A. Norton, Boston, for the Commonwealth.

Before HALE, C. J., and GOODMAN and GRANT, JJ.

RESCRIPT.

The defendant was not harmed by the exclusion of the question put to the witness Phillips (the defendant's sister) on direct examination as to the prior consistent statement which had supposedly been made to her by the witness Elmore; the jury heard Elmore's statement twice (in words virtually identical to those employed by the defendant's counsel in his offer of proof) during the course of the prosecutor's cross examination of Phillips. See Commonwealth v. Martin, --- Mass.App. --- a 374 N.E.2d 293 (1978). Indeed, the prosecutor extended an invitation to Phillips, which she accepted, to testify that she believed Elmore.

Judgments affirmed.

a. Mass.App.Ct.Adv.Sh. (1978) 207.

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2 cases
  • Com. v. Patch
    • United States
    • Appeals Court of Massachusetts
    • March 27, 1981
    ...grounds, Commonwealth v. Niziolek, --- Mass. ---, --- n.7 g, 404 N.E.2d 643 (1980). Commonwealth v. Crutchfield, 7 Mass.App. --- h, 380 N.E.2d 144 (1978). Judgment a. Mass.Adv.Sh. (1981) 605, 607-614.b. Mass.App.Ct.Adv.Sh. (1980) 1827.c. Mass.Adv.Sh. (1980) 1143, 1155-1156.d. Mass.Adv.Sh. (......
  • Com. v. Williams
    • United States
    • Appeals Court of Massachusetts
    • September 21, 1978

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