Delle Chiaie v. Com.
| Decision Date | 06 February 1968 |
| Citation | 233 N.E.2d 914,353 Mass. 771 |
| Parties | Vincent P. DELLE CHIAIE v. COMMONWEALTH. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
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 of such issues. Its submission presented no case worthy of judicial consideration.
Exceptions overruled.
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Delle Chiaie v. Com.
...'fell far short of presenting the minimum material necessary for a proper consideration of such issues.' Delle Chiaie v. Commonwealth, 353 Mass. 771, 772, 233 N.E.2d 914, 915 (1968). Both the parties and the single justice agree that this was not a dismissal on the merits. The petitioner th......
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Delle Chiaie v. Picard, 71-1068.
...been junior counsel at the trial, defendant filed a petition for a writ of error. The petition was dismissed. Delle Chiaie v. Commonwealth, 1968, 353 Mass. 771, 233 N.E.2d 914. The present petition followed. The district court dismissed, without hearing, on the ground that defendant had not......
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Gibney v. Com.
...consideration of the issues. See Delle Chiaie v. Commonwealth, 367 Mass. 527, 529, 327 N.E.2d 696 (1975); Delle Chiaie v. Commonwealth, 353 Mass. 771, 772, 233 N.E.2d 914 (1968). See also Farrell v. Commonwealth, 362 Mass. 857, 284 N.E.2d 925 (1972). The following crucial facts, among other......