It is true, as the Commonwealth points out, that the trier of fact may employ "common sense" and common experience to determine the valuation issue. See Commonwealth v. Muckle , 59 Mass.App.Ct. 631, 643, 797 N.E.2d 456 (2003), citing Commonwealth v. Hosman , 257 Mass. 379, 385-386, 154 N.E. 76 (1926). Here, however, equipped only with the brand and photograph of the ring, we cannot conclude that the application of common sense and experience is sufficient to fill the evidentiary gap. Compare Muckle , supra (noting jury may apply "common sense" to conclude that value of vehicle exceeded $250), with Tracy , 27 Mass.App.Ct. at 467, 539 N.E.2d 1043 (concluding common experience of jurors insufficient to establish that value of firearm exceeded one hundred dollars).
He requested that an additional special venire be drawn. In Commonwealth v. Hosman, 257 Mass. 379, 386 (1926), the venire was exhausted and jurors were summoned from another session to complete the panel. There is no showing that the defendant was prejudiced in any way by the selection of jurors from the regular jury pool.
Commonwealth v. Walden, 3 Cush. 558, 561. Commonwealth v. Williams, 110 Mass. 401. Commonwealth v. Goodwin, 122 Mass. 19, 35. Commonwealth v. Hosman, 257 Mass. 379. G.L. (Ter. Ed.) c. 266, ยงยง 94-138.
See Commonwealth v. Hosman, 257 Mass. 379, 385-386 (1926) (in determining the value of property that is the subject of malicious destruction, a jury may apply "common experience"). Cf. Corson v. Commonwealth, 428 Mass. 193, 198 n. 6 (1998) (life experience informs reasons and bases for a person's ability to value an asset).