Delle Chiaie v. Com.

• Court: Supreme Judicial Court of Massachusetts
• Writing for the Court: Before WILKINS
• Citation: Delle Chiaie v. Com., 233 N.E.2d 914, 353 Mass. 771 (Mass. 1968)
• Decision Date: 06 February 1968
• Parties: Vincent P. DELLE CHIAIE v. COMMONWEALTH.

Page 914

233 N.E.2d 914

353 Mass. 771

Vincent P. DELLE CHIAIE v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

Argued Jan. 2, 1968.

Decided Feb. 6, 1968.

Maurice Ravich, Lawrence (John J. Ryan, III, Haverhill, with him) for petitioner.

Willie J. Davis, Asst. Atty. Gen., for the Commonwealth.

Before WILKINS, C.J., and SPALDING, CUTTER, and KIRK, JJ.

RESCRIPT.

This petition for a writ of error to reverse a judgment was filed in the county court on August 17, 1966. G.L. c. 250, § 11. The judgment was entered in the Superior Court on November 20, 1947, and affirmed here on February 3, 1949. Commonwealth v. Delle Chiaie, 323 Mass. 615, 84 N.E.2d 7. The case was submitted on a purported 'statement of agreed facts' to a single justice, who declined to issue the writ and ordered the petition dismissed. The statement was inadequate and for the most part merely an agreement as to evidence. Much of it consisted of quotations from newspapers and other hearsay. The statement should have been confined to facts and should have covered every fact material to the issues sought to be raised by the petition. It fell far short of presenting the minimum material necessary for a proper consideration...