From Casetext: Smarter Legal Research

Commonwealth v. Durham

Appeals Court of Massachusetts
Feb 9, 1977
359 N.E.2d 661 (Mass. App. Ct. 1977)

Opinion

February 9, 1977.

Barry C. Abelson for the defendant.

Richard A. Hannaway, Assistant District Attorney, for the Commonwealth.


Following a jury waived trial the defendant was convicted on two counts of an indictment which charged assault and battery with a dangerous weapon and on another indictment which charged him with deriving support and maintenance from the earnings of a prostitute. He has appealed pursuant to G.L.c. 278, §§ 33A-33G. As the assigned errors argued here are not based upon any exceptions taken at trial, they bring nothing to the court for review. Commonwealth v. Foley, 358 Mass. 233, 236 (1970). Commonwealth v. Durham, 358 Mass. 808 (1970). Commonwealth v. Cooper, 4 Mass. App. Ct. 782 (1976). The defendant has requested, however, that we examine the evidence to determine whether there "is a substantial risk of a miscarriage of justice" to justify setting aside the findings. Commonwealth v. Freeman, 352 Mass. 556, 564 (1967). Commonwealth v. Borges, 2 Mass. App. Ct. 869, 870 (1974). We have reviewed the entire record and are of the opinion that there is nothing to suggest the possibility of any such risk in this case.

Judgments affirmed.


Summaries of

Commonwealth v. Durham

Appeals Court of Massachusetts
Feb 9, 1977
359 N.E.2d 661 (Mass. App. Ct. 1977)
Case details for

Commonwealth v. Durham

Case Details

Full title:COMMONWEALTH vs. WARREN DURHAM

Court:Appeals Court of Massachusetts

Date published: Feb 9, 1977

Citations

359 N.E.2d 661 (Mass. App. Ct. 1977)
5 Mass. App. Ct. 777