Commonwealth v. McIntosh

CourtUnited States State Supreme Judicial Court of Massachusetts
Writing for the CourtRUGG
Citation259 Mass. 388,156 N.E. 712
Decision Date18 May 1927
PartiesCOMMONWEALTH v. McINTOSH.

259 Mass. 388
156 N.E. 712

COMMONWEALTH
v.
McINTOSH.

Supreme Judicial Court of Massachusetts, Suffolk.

May 18, 1927.


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

Hyacinth McIntosh was convicted of offenses stated in opinion, and he brings exceptions. Exceptions overruled.


[259 Mass. 389]

[156 N.E. 713]

D. J. Lyne, Asst. Dist. Atty., of Boston, for the commonwealth.

C. J. Dunn, of South Boston, and James P. Brennan, of Boston, for defendant.


RUGG, C. J.

[1] The defendant was convicted upon three indictments tried together, one charging breaking and entering a building in the daytime and larceny therein, the second charging assault with dangerous weapon with intent to rob and robbery from the person, and the third charging assault with a dangerous weapon with intent to murder. There was evidence to support the charges. Testimony was [259 Mass. 390]introduced tending to show a confession made by the defendant covering the three crimes. One Grasso, the person upon whom it was charged that the assault with intent to murder was committed, was called as a witness by the commonwealth. His entire testimony, as shown by the record, is in these words:

‘He testified that on the morning of November 13, 1924, several men came to the house of Ciarvalo, with whom he was at the time living; that he was called into the cellar by these men, who forced him to hold up his hands by pointing revolvers at him and removed a quantity of liquor from the cellar. He was asked whether the defendant was one of these men, and replied that he was not sure that the defendant was one of them, but that he looked like the man.’

A witness was then called and permitted to testify, subject to the exception of the defendant, that Grasso, in the presence of the defendant, then under arrest, and several others shortly after the offenses were alleged to have been committed, had made the statement in substance that the defendant was one of the men who, being armed, had thus assaulted him, and that the defendant made no reply. At the time of the admission of this testimony the judge instructed the jury that the evidence was admissible only to contradict Grasso, did not have the effect of independent evidence, was of no probative value as to the truth or falsity of statements made by Grasso out of court, that the defendant was not called upon to say anything under the circumstances, and that no inference was to be drawn against the defendant because of his...

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23 practice notes
  • Commonwealth v. Perez, SJC–10208.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • September 23, 2011
    ...Dube should have been told of the inconsistent omission and given an opportunity to explain it. See Commonwealth v. McIntosh, 259 Mass. 388, 390–391, 156 N.E. 712 (1927). [954 N.E.2d 17] The defendant did not raise this error on appeal and made no objection on this ground at trial. We there......
  • Guinan v. Famous Players-Lasky Corp.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • June 6, 1929
    ...he had made inconsistent statements. G. L. c. 233, § 23; Commonwealth v. Festo, 251 Mass. 275, 146 N. E. 700;Commonwealth v. McIntosh, 259 Mass. 388, 390,156 N. E. 172. In any event, the defendant was not prejudiced as the witness answered that he did not remember. It appeared during the tr......
  • Commonwealth v. Mannos
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • February 25, 1942
    ...failed to demonstrate. Commonwealth v. Barry, 115 Mass. 146;Commonwealth v. Rivet, 205 Mass. 464, 91 N.E. 877;Commonwealth v. McIntosh, 259 Mass. 388, 156 N.E. 712;Commonwealth v. Rivers, 307 Mass. 225, 29 N.E.2d 683. One Garrod, an inspector for the city of Cambridge called by the defendan......
  • Beauvais v. Springfield Inst. for Sav.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • May 6, 1939
    ...by Rule 54 of the Superior Court (1932), shows no error in the absence of evidence or requested rulings. Commonwealth v. McIntosh, 259 Mass. 388, 156 N.E. 712; DiFilippo v. DiPietro, 265 Mass. 186, 163 N.E. 742. The jury found for the plaintiff upon the first count for conscious suffering, ......
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23 cases
  • Commonwealth v. Perez, SJC–10208.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • September 23, 2011
    ...Dube should have been told of the inconsistent omission and given an opportunity to explain it. See Commonwealth v. McIntosh, 259 Mass. 388, 390–391, 156 N.E. 712 (1927). [954 N.E.2d 17] The defendant did not raise this error on appeal and made no objection on this ground at trial. We there......
  • Guinan v. Famous Players-Lasky Corp.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • June 6, 1929
    ...he had made inconsistent statements. G. L. c. 233, § 23; Commonwealth v. Festo, 251 Mass. 275, 146 N. E. 700;Commonwealth v. McIntosh, 259 Mass. 388, 390,156 N. E. 172. In any event, the defendant was not prejudiced as the witness answered that he did not remember. It appeared during the tr......
  • Commonwealth v. Mannos
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • February 25, 1942
    ...failed to demonstrate. Commonwealth v. Barry, 115 Mass. 146;Commonwealth v. Rivet, 205 Mass. 464, 91 N.E. 877;Commonwealth v. McIntosh, 259 Mass. 388, 156 N.E. 712;Commonwealth v. Rivers, 307 Mass. 225, 29 N.E.2d 683. One Garrod, an inspector for the city of Cambridge called by the defendan......
  • Beauvais v. Springfield Inst. for Sav.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • May 6, 1939
    ...by Rule 54 of the Superior Court (1932), shows no error in the absence of evidence or requested rulings. Commonwealth v. McIntosh, 259 Mass. 388, 156 N.E. 712; DiFilippo v. DiPietro, 265 Mass. 186, 163 N.E. 742. The jury found for the plaintiff upon the first count for conscious suffering, ......
  • Request a trial to view additional results

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