Com. v. Ladetto

Citation353 Mass. 746,230 N.E.2d 914
CourtUnited States State Supreme Judicial Court of Massachusetts
Decision Date01 November 1967
PartiesCOMMONWEALTH v. Peter J. LADETTO.

Ronald J. Chisholm, Boston, for defendant.

Jason C. Primack, Asst. Dist. Atty., for the Commonwealth.

WILKINS, C. J., and SPALDING, CUTTER, KIRK and SPIEGEL, JJ.

RESCRIPT.

The defendant was tried under G.L. c. 278, §§ 33A--33G, and convicted of armed robbery and assault with intent to rape. Throughout the trial, he was in handcuffs which were secured to a waist chain. The defendant's brother, Louis Ladetto, the only defence witness, was also handcuffed. The assigned errors are the denial of the defendant's motions that the shackles be removed from the defendant and his brother and the admission of records of prior convictions to impeach the credibility of the defendant. There was no error. Although it is desirable that prisoners appear before the jury unshackled, the sheriff is charged, under the supervision of the trial judge, with maintaining control over his prisoners. G.L. c. 126, § 16. The sheriff here advised that the manacles be used and the judge agreed. Both men had been convicted of murder and other crimes of violence. We find no abuse of discretion. See Commonwealth v. Millen, 289 Mass. 441, 477--478, 194 N.E. 463, cert. den. sub nom. Millen v. Commonwealth of Massachusetts, 295 U.S. 765, 55 S.Ct. 924, 79 L.Ed. 1706; Commonwealth v. Agiasottelis, 336 Mass. 12, 16--17, 142 N.E.2d 386; Commonwealth v. Chase, 350 Mass. 738, 217 N.E.2d 195, cert. den. sub nom. Chase v. Massachusetts, 385 U.S. 906, 87 S.Ct. 222, 17 L.Ed.2d 137. The records of prior convictions were properly admitted under G.L. c. 233, § 21, with appropriate limiting instructions. The admission of this evidence has long been customary in this Commonwealth. See Commonwealth v. Walsh, 196 Mass. 369, 82 N.E. 19; COMMONWEALTH V. SUBILOSKY, MASS., 224 N.E.2D 197.A There is no constitutional objection to it. See Spencer v. State of Texas, 385 U.S. 554, 563, 87 S.Ct. 648, 17 L.Ed.2d 606.

Judgments affirmed.

a. Mass.Adv.Sh. (1967) 399, 412.

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7 cases
  • Com. v. Boyd
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • March 25, 1975
    ...are raised by its use in these circumstances. This has been rejected on numerous occasions in recent years. Commonwealth v. Ladetto, 353 Mass. 764, 230 N.E.2d 914 (1967); Commonwealth v. DiMarzo, --- Mass. ---, --- - --- d,308 N.E.2d 538 (1974); Spencer v. Texas, 385 U.S. 554, 563--564, 87 ......
  • Com. v. DiMarzo
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • February 28, 1974
    ...rights of defendants. Spencer v. Texas, 385 U.S. 554, 560--563, 87 S.Ct. 648, 17 L.Ed.2d 606 (1960). Commonwealth v. Ladetto, 353 Mass. 746, 230 N.E.2d 914 (1967). There was no error. (e) We have considered all other assignments of error argued to us by the defendant and find each of them t......
  • Com. v. Diaz
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • March 4, 1981
    ...Commonwealth v. DiMarzo, 364 Mass. 669, 678, 308 N.E.2d 538 (1974); id. at 679 (Hennessey, J., concurring); Commonwealth v. Ladetto, 353 Mass. 746, 230 N.E.2d 914 (1967).8 See Dixon v. United States, supra at 94-95; United States v. Belt, supra at 847-850 (citing Dixon).9 See Commonwealth v......
  • State v. Allah Jamaal W.
    • United States
    • West Virginia Supreme Court
    • December 1, 2000
    ...Parker v. State, 567 N.E.2d 105 (Ind.Ct.App.1991); Commonwealth v. Brown, 364 Mass. 471, 305 N.E.2d 830 (1973); Commonwealth v. Ladetto, 353 Mass. 746, 230 N.E.2d 914 (1967); State v. O'Neal, 718 S.W.2d 498 (Mo.1986); State v. Cleveland, 583 S.W.2d 263 (Mo.Ct.App.1979); People v. LaBoy, 91 ......
  • Request a trial to view additional results

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