Com. v. Harris
| Decision Date | 07 January 1980 |
| Citation | 398 N.E.2d 726,379 Mass. 917 |
| Parties | COMMONWEALTH v. Odell HARRIS. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Bernard Grossberg, Boston, for defendant.
M. Ashley Brown, Legal Asst. to the Dist. Atty., Michael J. Traft, Asst. Dist. Atty., with her for the Commonwealth.
Before HENNESSEY, C. J., and QUIRICO, WILKINS, LIACOS and ABRAMS, JJ.
RESCRIPT.
The defendant died the day after argument of his appeal in this court. If a criminal defendant dies while his appeal is under consideration, normally the judgment should be vacated and the indictment dismissed. Commonwealth v. Eisen, 368 Mass. 813, 334 N.E.2d 14 (1975). Neither the asserted importance of the issues nor any personal interest in the defendant's vindication is sufficient to warrant deciding the appeal. Id. at 814, 334 N.E.2d 14. Counsel have not presented any other reason why we should decide this appeal. The matter of counsel fees will be decided by a single justice of this court.
Judgment on indictment No. 02436 is vacated; the case is remanded to the Superior Court where the indictment shall be dismissed.
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Com. v. Winter
...died, and the two indictments against him are to be dismissed in the Superior Court. See Commonwealth v. Harris, --- Mass. --- a, 398 N.E.2d 726 (1980). The evidence marshalled by the prosecution included testimony by Griffin, an officer of the DAV, Agostinelli, who had an interest in and w......
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Commonwealth v. Hernandez
...as of right from a conviction in two reported decisions, both rescripts, both even terser than Eisen. First, in Commonwealth v. Harris, 379 Mass. 917, 398 N.E.2d 726 (1980), we essentially restated our holding and reasoning from Eisen and remanded for dismissal of the indictment. In Commonw......
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Com. v. De La Zerda
...thus abating the entire prosecution. See Commonwealth v. Latour, 397 Mass. 1007, 493 N.E.2d 500 (1986); Commonwealth v. Harris, 379 Mass. 917, 398 N.E.2d 726 (1980); Commonwealth v. Eisen, 368 Mass. 813, 814, 334 N.E.2d 14 (1975). The Federal courts and many States follow this practice. See......