Commonwealth v. Grieco
| Decision Date | 03 February 1949 |
| Citation | 83 N.E.2d 873,323 Mass. 639 |
| Parties | COMMONWEALTH v. MICHAEL R. GRIECO. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
January 3, 1949.
Present: QUA, C.
J., LUMMUS WILKINS, SPALDING, & WILLIAMS, JJ.
Evidence Admissions and confessions. Robbery.
A statement made in the presence of a police officer by a defendant charged with robbery to one who had been with the defendant and the victim of the robbery shortly before it occurred, "I didn't want to do this, but you are in this as much as me and I ain't going to take this rap alone," might properly be considered to be an admission by the defendant, although in the same conversation he denied having committed the robbery.
A finding that a defendant was guilty of robbery was warranted by evidence that the victim of the robbery had been with the defendant and others shortly before it occurred, evidence tending to identify two assailants who committed the robbery as the defendant and one of the others, and evidence of an admission by the defendant.
INDICTMENT found and returned on January 10, 1947. The case was tried before Morton, J.
H. F. Callahan, for the defendant. R. S. Bernard, Assistant District Attorney for the Commonwealth.
The defendant, who together with one Colatrella was indicted for robbery, was found guilty. The case comes here on his exceptions to certain rulings on evidence and to the denial of his motion for a directed verdict.
From the testimony of one Craghan, called by the Commonwealth, the jury could have found the following facts: Shortly before one o'clock on the morning of December 2, 1946, Craghan went to the Red Roof Cafe in Revere where he purchased a drink of whiskey. As he was leaving the cafe a taxicab, which was owned by the defendant, drove up and stopped. The defendant Colatrella, and a man who he later learned was Duggan, were in the cab. A man with whom Craghan had been talking told one of the men in the cab that Craghan wanted to go to East Boston. The man in the cab replied, "We'll take him but we will have a drink first." Craghan got into the cab with the three men and was driven to another cafe in Revere called the Open Door. The four men entered the cafe and Craghan "bought a round of drinks." Another round of drinks was ordered and the defendant said to Craghan, "pay for this too." Craghan went into the toilet and took $30 which was in his billfold and put it in his pocket. Upon returning from the toilet he stated that he had no more money with which to buy drinks and asked if he could get a check cashed. After another round of drinks had been ordered by Colatrella the four men left the cafe and went to the taxicab. The defendant got behind the wheel but Colatrella pushed him to one side, saying, "You're too drunk to drive," and took his place at the wheel. Craghan, who in the meantime had gotten into the back of the taxi, was told to leave, and as he was getting out he was struck on the side of the head and his hat was knocked off. He then "walked around different streets for a half hour or more." It was snowing at the time and his coat was over the top of his head. While he was walking he heard a noise in back of him and he was hit over the head from behind and was "knocked down on his face." He received "three or four good kickings," and while he was being kicked he "got a glimpse of the profile of the man kicking him" and observed that the man was Colatrella. Craghan "got a glance at a second man there" and, although he did not see his face, noticed that he was wearing a short sport coat and sport shirt. The defendant, when seen by Craghan earlier that morning, was wearing "the same kind of clothes." Craghan remained on the ground, face down, for five minutes after the assailants had run away. He then discovered that several articles of clothing contained in a bag, his watch, and the $30 which was in his pocket were missing, and he reported the matter to the police.
Gannon, a police officer, testified that on the morning of December 11, 1946 he took Duggan to the defendant's cell in the Revere police station and that the following took place: In response to questions put by Gannon each admitted that he knew the other. The defendant admitted that he had been with Duggan, Colatrella and another man at the Open Door in Revere on the morning of December 2. Duggan then said to the defendant, ...
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