(Download) "Commonwealth v. Gricus" by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Gricus
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 11, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
LUMMUS, Justice. This is an indictment charging the defendant in a single count with the murder of Lillian Parent on November
28, 1943. Specifications furnished by the Commonwealth set forth the time of the offence as at or about 1 o'clock in the morning
of that day, the place as that section of Waltham known as the South Side, and the manner of killing as by assault and beating.
After a verdict of guilty of murder in the first degree, a sentence of death was imposed, and the execution of the sentence
was stayed, as required by G.L.(Ter.Ed.) c. 279, § 4, as amended by St.1935, c. 50, § 3; c. 437, §
3. See Commonwealth v. Millen, 290 Mass. 406, 195 N.E. 541; Fine v. Commonwealth, 312 Mass. 252, 44 N.E.2d 659, 145 A.L.R.
392. A motion for a new trial on the three grounds that the verdict was against the law, the evidence, and the weight of the
evidence was denied. The case comes here upon two appeals, one relating to the trial, and the other relating to the denial
of a new trial. The appeals are accompanied by an assignment of errors, a summary of the record, and a transcript of the evidence,
as required by G.L.(Ter.Ed.) c. 278, §§ 33A-33G, as amended by St.1939, c. 341. The errors assigned are two in number, (1) the denial of the defendant's motion that the Judge 'direct a verdict of 'not
guilty,' and (2) the denial of the motion for a new trial. Before our powers on appeal in capital cases were enlarged by St.1939,
c. 341 (G.L.[Ter.Ed.] c. 278, § 33E), an appeal ordinarily brought here nothing but questions of law specifically
raised by exceptions and then incorporated in assignment of errors. Commonwealth v. Gray, 314 Mass. 96, 102, 49 N.E.2d 603.
And the statute as to exceptions restricts them to 'an opinion, ruling, direction or judgment of the superior court rendered
upon any question of law.' G.L.(Ter.Ed.) c. 278, § 31.
 "Commonwealth v. Gricus" by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free){kind=link}