Commonwealth v. Arone

CourtUnited States State Supreme Judicial Court of Massachusetts
Writing for the CourtWAIT
Citation163 N.E. 758,265 Mass. 128
Decision Date28 November 1928
PartiesCOMMONWEALTH v. ARONE.

265 Mass. 128
163 N.E. 758

COMMONWEALTH
v.
ARONE.

Supreme Judicial Court of Massachusetts, Middlesex.

Nov. 28, 1928.


Appeal from Superior Court, Middlesex County.

Lawrence Arone was convicted of manslaughter, and he appeals. Affirmed.

1. Automobiles k354-Admission in manslaughter prosecution of testimony as to dirty windshield two hours after killing of child by truck held not error.

In prosecution for manslaughter for killing of child by truck which defendant was driving, court did not abuse its discretion in admitting testimony of officers that about two hours after accident they examined windshield of truck, and that one sitting in position of driver could not see beyond mudguard because of dust and dirt upon windshield, notwithstanding that there was no express testimony that no change had taken place in the windshield since the accident.

2. Automobiles k355(13)-Evidence held to sustain conviction of manslaughter for killing of child by truck driven by defendant.

Evidence that defendant who was perfectly familiar with locality, while driving motortruck heavily loaded, with nothing in street to attract his attention or interfere with his view, ran over and killed a child which was either seated in or near a little express cart 6 or 7 feet from right-hand curb, defendant neither sounding his horn, changing direction, nor slackening his speed, held to justify finding of willful, wanton, and reckless conduct on defendant's part, sustaining conviction for manslaughter.

3. Automobiles k344-Violation of statutes by driver of truck killing child does not alone constitute willful, wanton, and reckless conduct warranting conviction of manslaughter.

In manslaughter prosecution for killing of child by truck driven by defendant, where court read to jury G. L. c. 90, ss 13, 14, relating to operation of motor vehicles, defendant was entitled to an instruction, in substance, that defendant was not to be found guilty of willful, wanton, and reckless conduct merely because of violating statutes or regulations with regard to operation of motor vehicles.

4. Criminal law k829(3)-Refusal to instruct that violation of statutes by driver of truck killing child would not alone constitute wanton and reckless conduct held not prejudicial error, in view of other instructions.

In manslaughter prosecution for killing of child by truck being driven by defendant, refusal to give instruction that jury was not justified in finding defendant guilty of willful, wanton, or reckless conduct merely because he may have been violating statutes regulating operation of motor vehicles, held not prejudicial error, in view of instruction that jury must find more than negligence or gross negligence, and must find beyond reasonable doubt conduct that was wanton, reckless, and in utter disregard of probable consequences for negligent act as to amount to willful wrong.

5. Criminal law k808-Reading by trial court from statutes and court decisions to assist in clarifying issues for jury was not error.

Trial court, in reading from the statutes and from decisions of the Supreme Judicial Court to assist in clarifying issues for jury, committed no error in law.

265 Mass. 129

[163 N.E. 759]

J. F. Hughes and H. L. Barrett, both of Boston, for appellant.

R. T. Bushnell, Dist. Atty., and F. G. Volpe, Asst. Dist. Atty., both of Boston, for the Commonwealth.


WAIT, J.

The appellant was found guilty of manslaughter arising out of an automobile accident. He makes thirteen assignments of error at the trial: One, in the admission of evidence; one, in the refusal of a motion that a verdict of not guilty be directed; one, in the denial of a request for instructions to the jury; and the remainder in portions of the charge.

[1] The accident took place about noon on December 15, 1927. Evidence was admitted that some time about two o'clock in the afternoon two officers examined the wind shield of the motortruck which the defendant had driven against the [265 Mass. 130]child who was killed, and they were permitted to describe its condition and to testify that sitting in the position of the driver and looking to the right they could not see beyond the mudguard because of...

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28 practice notes
  • Com. v. Cass
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • August 16, 1984
    ...§ 24G. See, e.g., Commonwealth v. Bridges, 285 Mass. 572, 189 N.E. 616 (1934) ("intoxicating liquor"); Commonwealth v. Arone, 265 Mass. 128, 163 N.E. 758 (1928) ("wilful, wanton and reckless"); Commonwealth v. Uski, 263 Mass. 22, 160 N.E. 305 (1928) ("operate")......
  • Commonwealth v. Welansky
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • June 5, 1944
    ...to G.L.(Ter.Ed.) c. 277, § 79. That form could properly be used even in a case of involuntary manslaughter. Commonwealth v. Arone, 265 Mass. 128, 163 N.E. 758. Upon this indictment the Commonwealth furnished specifications substantially like those furnished upon indictment 413. The motions ......
  • Commonwealth v. Gorman
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • November 2, 1934
    ...responsible for unintended assault and even manslaughter. Banks v. Braman, 188 Mass. 367, 369, 74 N. E. 594;Commonwealth v. Arone, 265 Mass. 128, 163 N. E. 758. In our opinion, the offence involves a breach of the peace, and justifies an officer in arresting without a warrant a person whom ......
  • State v. Quinlan, No. 2004-36-C.A.
    • United States
    • United States State Supreme Court of Rhode Island
    • May 1, 2007
    ...years. There are several SJC decisions, dating back to 1928, which addressed violations of the statute. See, e.g., Commonwealth v. Arone, 265 Mass. 128, 163 N.E. 758, 759-60 (1928) (dust and dirt on windshield violated statute); Seymour v. Dunville, 265 Mass. 78, 164 N.E. 79, 80 (1928) (too......
  • Request a trial to view additional results
28 cases
  • Com. v. Cass
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • August 16, 1984
    ...§ 24G. See, e.g., Commonwealth v. Bridges, 285 Mass. 572, 189 N.E. 616 (1934) ("intoxicating liquor"); Commonwealth v. Arone, 265 Mass. 128, 163 N.E. 758 (1928) ("wilful, wanton and reckless"); Commonwealth v. Uski, 263 Mass. 22, 160 N.E. 305 (1928) ("operate")......
  • Commonwealth v. Welansky
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • June 5, 1944
    ...to G.L.(Ter.Ed.) c. 277, § 79. That form could properly be used even in a case of involuntary manslaughter. Commonwealth v. Arone, 265 Mass. 128, 163 N.E. 758. Upon this indictment the Commonwealth furnished specifications substantially like those furnished upon indictment 413. The motions ......
  • Commonwealth v. Gorman
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • November 2, 1934
    ...responsible for unintended assault and even manslaughter. Banks v. Braman, 188 Mass. 367, 369, 74 N. E. 594;Commonwealth v. Arone, 265 Mass. 128, 163 N. E. 758. In our opinion, the offence involves a breach of the peace, and justifies an officer in arresting without a warrant a person whom ......
  • State v. Quinlan, No. 2004-36-C.A.
    • United States
    • United States State Supreme Court of Rhode Island
    • May 1, 2007
    ...years. There are several SJC decisions, dating back to 1928, which addressed violations of the statute. See, e.g., Commonwealth v. Arone, 265 Mass. 128, 163 N.E. 758, 759-60 (1928) (dust and dirt on windshield violated statute); Seymour v. Dunville, 265 Mass. 78, 164 N.E. 79, 80 (1928) (too......
  • Request a trial to view additional results

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