Com. v. Lauria
| Court | United States State Supreme Judicial Court of Massachusetts |
| Writing for the Court | Before TAURO; BRAUCHER |
| Citation | 268 N.E.2d 363,359 Mass. 168 |
| Decision Date | 02 April 1971 |
| Parties | COMMONWEALTH v. Francesco J. LAURIA. |
Page 363
v.
Francesco J. LAURIA.
Decided April 2, 1971.
[359 Mass. 169]
Page 364
Anthony M. Fredella, Somerville, for defendant.Charles E. Chase, Asst. Atty. Gen. (Ruth I. Abrams, Asst. Atty. Gen., with him), for the Commonwealth.
Before [359 Mass. 168] TAURO, C.J., and SPALDING, SPIEGEL, REARDON and BRAUCHER, JJ.
[359 Mass. 169] BRAUCHER, Justice.
Lauria appeals under G.L. c. 278, §§ 33A--33G, from a conviction of aiding and abetting a bank officer to make a false entry in a bank report, in violation of G.L. c. 266, § 53A. He makes three assignments of error: (1) denial of his motion to dismiss the indictment for failure to grant him a speedy trial, (2) denial of his motion for a directed verdict, and (3) denial of his motion for a new trial. There was no error.
1. From the docket entries and the transcript of the hearing on the motion to dismiss, the following facts appear. Lauria was indicted on November 8, 1968. He moved for a speedy trial on November 25, 1969, and on February 4, 1969, the Commonwealth assented to the allowance of the motion. On July 8, 1969, at a special sitting to handle this case and a related group of cases, both parties were ready for trial. The Commonwealth brought to the judge's attention newspaper publicity based on the fact that a principal defendant had pleaded guilty to fifty-four indictments. The judge determined the publicity to be projudicial to a fair and impartial trial of all the defendants, and on his own motion, over Lauria's objection, continued the cases. In November, 1969, the Commonwealth moved for assignment [359 Mass. 170] of a trial date, and by agreement trial was set for March 17, 1970. Lauria's motion to dismiss was filed and dinied on March 16, 1970, and the case was tried, jury waived, on March 25, 1970, more than sixteen months after the indictment. During this period Lauria was not in custody, and there is no showing of prejudice through loss of evidence or the like. 1
The right of a criminal defendant to a speedy trial is guaranteed by art. 11 of the Declaration of Rights and by the Sixth Amendment to the Constitution of the United States, applicable to the States under the Fourteenth Amendment. Commonwealth v. Hanley, 337 Mass. 384, 387, 149 N.E.2d 608, cert. den. sub nom. Hanley v. Massachusetts, 358 U.S. 850, 79 S.Ct. 79, 3 L.Ed.2d 85; Commonwealth v. Chase, 348 Mass. 100, 106, 202 N.E.2d 300; Commonwealth v. McGrath, 348 Mass. 748, 750, 205 N.E.2d 710; Commonwealth v. Needel, 349 Mass. 580, 581, 211 N.E.2d 335; Bishop v. Commonwealth, 352 Mass. 258, 260, 225 N.E.2d 345; Commonwealth v. Thomas, 353 Mass. 429, 431, 233 N.E.2d 25; Commonwealth v. Green, 353 Mass. 687, 689, 234 N.E.2d 534; Commonwealth v. Marsh, 354 Mass. 713, 715, 242 N.E.2d 545; Commonwealth v. Wilson, 355 Mass. 441, 445, 245 N.E.2d 439; Klopfer v. North Carolina, 386 U.S. 213, 222, 87 S.Ct. 988, 18 L.Ed.2d 1; Smith v. Hooey, 393 U.S. 374, 89 S.Ct. 575, 21 L.Ed.2d 607; Dickey v. Florida, 398 U.S. 30, 36--38, 90 S.Ct. 1564, 26 L.Ed.2d 26. But the right may be waived. To negative the implication of waiver, Lauria's
Page 365
motion for a speedy trial should have been promptly presented to a judge. Commonwealth v. Marsh, supra, 354 Mass. at 717, 242 N.E.2d 545. This...To continue reading
Request your trial
-
Com. v. Gove
...who are already in custody.' Commonwealth v. Stewart, --- Mass. ---, ---, 279 N.E.2d 697, 698 (1972); b Commonwealth v. Lauria, 359 Mass. 168, 171, 268 N.E.2d 363 (1971). It furnishes a ready method for inmates to accelerate action on possible further impediments to their [366 Mass. 356] We......
-
Kyte v. Philip Morris Inc.
...v. Welch, 705 F.2d 472, 478 (D.C.Cir.1983); Payton v. Abbott Labs, 512 F.Supp. 1031, 1035 (D.Mass.1981). See also Commonwealth v. Lauria, 359 Mass. 168, 172, 268 N.E.2d 363 (1971) (criminal conspiracy). The same uncontroverted documents that Philip Morris produced to show that it had no agr......
-
Com. v. Boyd
...277, § 72A, as appearing in St.1965, c. 343, establishes a priority for a trial of defendants already in custody. Commonwealth v. Lauria, 359 Mass. 168, 171, 268 N.E.2d 363 (1971). Commonwealth v. Stewart, --- Mass. --- - ---, i 279 Page 326 N.E.2d 697. Commonwealth v. Gove, --- Mass. ---, ......
-
Com. v. Gibson
...Mass. 343, 346, 252 N.E.2d 350 (1969). Commonwealth v. Underwood, 358 Mass. 506, 509--510, 265 N.E.2d 577 (1970). Commonwealth v. Lauria, 359 Mass. 168, 172, 268 N.E.2d 363 (1971). Commonwealth v. Zion, 359 Mass. 559, 564, 270 N.E.2d 395 (1971). In any event, we note that there was no appar......
-
Com. v. Gove
...who are already in custody.' Commonwealth v. Stewart, --- Mass. ---, ---, 279 N.E.2d 697, 698 (1972); b Commonwealth v. Lauria, 359 Mass. 168, 171, 268 N.E.2d 363 (1971). It furnishes a ready method for inmates to accelerate action on possible further impediments to their [366 Mass. 356] We......
-
Kyte v. Philip Morris Inc.
...v. Welch, 705 F.2d 472, 478 (D.C.Cir.1983); Payton v. Abbott Labs, 512 F.Supp. 1031, 1035 (D.Mass.1981). See also Commonwealth v. Lauria, 359 Mass. 168, 172, 268 N.E.2d 363 (1971) (criminal conspiracy). The same uncontroverted documents that Philip Morris produced to show that it had no agr......
-
Com. v. Boyd
...277, § 72A, as appearing in St.1965, c. 343, establishes a priority for a trial of defendants already in custody. Commonwealth v. Lauria, 359 Mass. 168, 171, 268 N.E.2d 363 (1971). Commonwealth v. Stewart, --- Mass. --- - ---, i 279 Page 326 N.E.2d 697. Commonwealth v. Gove, --- Mass. ---, ......
-
Com. v. Gibson
...Mass. 343, 346, 252 N.E.2d 350 (1969). Commonwealth v. Underwood, 358 Mass. 506, 509--510, 265 N.E.2d 577 (1970). Commonwealth v. Lauria, 359 Mass. 168, 172, 268 N.E.2d 363 (1971). Commonwealth v. Zion, 359 Mass. 559, 564, 270 N.E.2d 395 (1971). In any event, we note that there was no appar......