Commonwealth v. Friedman

Decision Date01 June 1926
Citation152 N.E. 60,256 Mass. 214
PartiesCOMMONWEALTH v. FRIEDMAN.
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court

OPINION TEXT STARTS HERE

Exceptions from Superior Criminal Court; Suffolk County; E. Broadhurst, Judge.

Charles Friedman was convicted of receiving and aiding in concealment of a stolen automobile. On his exceptions after verdict. Exceptions overruled.

Maurice Caro, Sp. Asst. Dist. Atty., of Boston, for the commonwealth.

L. A. Mayberry, of Boston (W. F. Levis, of Boston, on the brief), for defendant.

CARROLL, J.

The defendant was found guilty on a count in an indictment charging him with receiving and aiding in the concealment of a stolen automobile, ‘the property of Winslow & Co., Inc. The evidence was conflicting, but the jury could have found that an automobile, the property of ‘Winslow & Co., Inc.,’ was stolen from it in August, 1923; that this machine was numbered 8028402; that in October, 1923, a car registered in the name of Charles Friedman with the ‘registration No. 366499, motor No. 5186934,’ was found in Springer's Garage and taken to the State House, and was processed with acids; ‘that another number appeared underneath this number, which said number was 8028402; that the defendant said he bought the car from one Joe Bloom of 1439 Blue Hill avenue, Dorchester; that 1439 Blue Hill avenue was a vacant lot; that the Commonwealth was unable to locate any one by the name of Joe Bloom. There was sufficient evidence to make the case a proper one for the consideration of the jury and the judge could not direct a verdict in the defendant's favor.

On January 14, 1925, the defendant moved for a continuation of the case because counsel had just that day come into the said case,’ and also because of a certain publication by one Goodwin in several newspapers in Boston.

[2] The granting of a continuance because the defendant's counsel claimed he was not prepared to try the case was a matter resting entirely in the sound discretion of the presiding judge. We discover nothing in the record indicating an abuse of this discretion. Commonwealth v. Coyne, 228 Mass. 269, 270, 117 N. E. 337, 3 A. L. R. 1209. See Commonwealth v. Festo, 251 Mass. 275, 278, 146 N. E. 700.

[3] The publication referred to in the motion was not as matter of law a ground for the continuation of the case. The judge was required to use his best judgment, and his discretion is not to be disturbed in the absence of evidence to show that it was abused. See Commonwealth v. Capland (Mass.) 150 N. E. 869, and cases cited.

We express no opinion on the duty of the trial judge with reference to the parties responsible for the publication of the newspaper articles....

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13 cases
  • Claffey v. Fenelon
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • May 28, 1928
    ...719, Ann. Cas. 1917A, 395, and cases there reviewed; Commonwealth v. Capland, 254 Mass. 556, 560, 150 N. E. 869;Commonwealth v. Friedman, 256 Mass. 214, 216, 152 N. E. 60;Dixon v. A. J. Cunningham Co., 257 Mass. 63, 70, 153 N. E. 257. Somewhat more precisely in point are Vincent v. Heenan, ......
  • Commonwealth v. Barker
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • February 25, 1942
    ... ... implies a finding that the defendant had not been prejudiced ... The action of the judge cannot be said to constitute an abuse ... of sound judicial discretion. Commonwealth v ... Capland, 254 Mass. 556 ... Commonwealth v ... Friedman, 256 Mass. 214 ... Taylor v. Creeley, ... 257 Mass. 21 ... Commonwealth v. Hosman, 257 Mass. 379 ... , 386. Claffey v. Fenelon, 263 Mass. 427, 435 ... Bruns v. Jordan Marsh Co. 305 Mass. 437 , 440 ... Moreover, the judge, at the request of the defendant's ... counsel, instructed the jury that if ... ...
  • Commonwealth v. Barker
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • February 25, 1942
    ...be said to constitute an abuse of sound judicial discretion. Commonwealth v. Capland, 254 Mass. 556, 150 N.E. 869;Commonwealth v. Friedman, 256 Mass. 214, 152 N.E. 60;Taylor v. Creeley, 257 Mass. 21, 152 N.E. 3;Commonwealth v. Hosman, 257 Mass. 379, 386, 154 N.E. 76;Claffey v. Fenelon, 263 ......
  • Com. v. Theberge
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • November 9, 1953
    ...147 Mass. 76, 16 N.E. 707; Id., 148 Mass 429, 19 N.E. 222; Commonwealth v. Capland, 254 Mass. 556, 150 N.E. 869; Commonwealth v. Friedman, 256 Mass. 214, 152 N.E. 60; Claffey v. Fenelon, 263 Mass. 427, 161 N.E. In the instant case, however, the juror during the forty-five minutes that the t......
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