Com. v. Daniels
| Decision Date | 30 November 1973 |
| Citation | 364 Mass. 829,304 N.E.2d 197 |
| Parties | COMMONWEALTH v. Willa Mae DANIELS. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
David Rossman for defendant.
Imelda C. La Mountain, Asst. Dist. Atty. (Kevin W. Kouri, Sp. Asst. Dist. Atty., with her) for the Commonwealth.
Before TAURO, C.J., and REARDON, QUIRICO, KAPLAN and WILKINS, JJ.
RESCRIPT.
The defendant was tried on four indictments based on unlawful possession and sale of heroin and, having been found guilty on all indictments, was sentenced. The Appellate Division of the Superior Court vacated the sentences on two indictments and dismissed them. The defendant is here on assignments of error in the remaining cases, the trial having been held under the provisions of G.L. c. 278, §§ 33A--33G. She complains of a part of the contents of the charge to the jury. The charge was given without objection or exception and this fact disposes of the appeal. As we have frequently stated, in a case tried subject to G.L. c. 278, §§ 33A--33G, 'an assignment of error not based on an exception brings nothing to this court for review.' Commonwealth v. Myers, 356 Mass. 343, 346, 252 N.E.2d 350, 352 (1969), and cases cited. We further note for guidance of counsel in the trial of criminal cases our statement in Commonwealth v. Foley, 358 Mass. 233, 236, 263 N.E.2d 451, 453 (1970), expressing 'our disapproval of the constantly growing practice of certain counsel arguing alleged errors of the trial judge where no exceptions were taken.'
Judgments affirmed.
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Com. v. Gallison
...review that a prompt objection at trial is a prerequisite to the presentation of an issue for appellate review. Commonwealth v. Daniels, 364 Mass. 829, 304 N.E.2d 197 (1973). Contrast DeJoinville v. Commonwealth, --- Mass. --- m, 408 N.E.2d 1353 (1980) (constitutional issues, later decided,......
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Com. v. O'Neil
...we approach the present contention as if no exception had been taken at all. Compare Commonwealth v. Daniels, --- Mass. --- c, 304 N.E.2d 197 (1973). Our perusal of the charge as a whole (Commonwealth v. Ramey, --- Mass. ---, --- - --- d, 330 N.E.2d 193 (1972)) leads us to conclude that no ......
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