Massachusetts Supreme Judicial Court· 7/30/1976

Commonwealth v. White

Citations

352 N.E.2d 904
370 Mass. 703
1976 Mass. LEXIS 1029

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

judge’s improper admission of coventurer’s statements justified reversal where declarations ran through case, patently incriminated defendant, and coventurer unavailable to testify
“an adequate probability of the existence of the common venture, including participation by the given defendant, [must] be established as a preliminary matter”
“Confessions or admissions of conspirators or joint venturers, made after the termination of the conspiracy or joint venture, are not admissible ... as vicarious statements of the members of the conspiracy or joint venture”
where victim was cut with knife during armed robbery, statement by coventurer cornered by victim and friends while fleeing scene, “I didn’t do it. She did it,” should have been excluded because not made in furtherance of common goal, but rather to exculpate coventurer

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Reardon, Braucher, Kaplan, Wilkins

Read full opinion on CourtListener

Cited by

63 cases in this archive cite this case; the 20 most cited are listed.

Cites

30 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.