Commonwealth v. Valentino
| Decision Date | 23 November 1926 |
| Citation | 154 N.E. 179,257 Mass. 419 |
| Parties | COMMONWEALTH v. VALENTINO. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Exceptions from Superior Criminal Court, Suffolk County; W. H. Whiting, Judge.
Raymond Valentino was convicted of robbery, and he excepts. Exceptions overruled.
Where no question of law which did not arise at trial was presented by motion for new trial, decision on motion was within trial judge's discretion.
Where no objection was made to question to witness, it was too late to object and move to strike out after responsive answers were given.E. J. Harrigan, Asst. Dist. Atty., of Boston, for the commonwealth.
W. R. Scharton, of Boston, for defendant.
[1] These exceptions cannot be sustained. No question of law which did not arise at the trial was presented by the motion for a new trial. The decision upon that motion was within the discretion of the trial judge. Nothing appears to show an abuse of discretion. Commonwealth v. Teregno, 234 Mass. 56, 60, 124 N. E. 889.
[2] The bill of exceptions fails to show that any objection was made to the questions asked of the witnesses. It was too late to object and to move to strike out after responsive answers had been given. Commonwealth v. Johnson, 199 Mass. 55, 60, 61, 85 N. E. 188. See Wigmore, Evidence, § 18, and cases cited.
Nothing appears to show that counsel for the defendant was surprised by the answers or misled by the questions.
Exceptions overruled.
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Com. v. Bernard
...not objected, and he excepted to the denial of that motion. That denial was within the discretion of the judge. Commonwealth v. Valentino, 257 Mass. 419, 420, 154 N.E. 179 (1926). Venios also objected to the judge's permitting Foxworth to testify to statements made to him by Bernard in the ......
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Crowley v. Swanson
...v. Kellough, 235 Mass. 405, 408, 126 N. E. 787;Rich v. Rogers, 250 Mass. 587, 589, 146 N. E. 246, 37 A. L. R. 656;Commonwealth v. Valentino, 257 Mass. 419, 154 N. E. 179; see, also, Buckley v. Frankel, 262 Mass. 13, 15, 159 N. E. 459), exerts its logical and natural probative force, and wil......
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Commonwealth v. Beal
...trial judge stated that it was rather late to object. We think that the request to strike out came too late, see Commonwealth v. Valentino, 257 Mass. 419, 420, 154 N.E. 179, 180, where it was said that ‘Nothing appears to show that counsel for the defendant was surprised by the answers or m......
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Berwin v. Levenson
... ... We need ... not discuss the admissibility of this evidence, since in any ... event the objection was not seasonably made. Commonwealth ... v. Valentino, 257 Mass. 419 , 420. Crowley v ... Swanson, 283 Mass. 82 , 85 ... One Coleman ... testified without objection ... ...