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Commonwealth v. Avery

Appeals Court of Massachusetts
May 29, 1973
1 Mass. App. Ct. 827 (Mass. App. Ct. 1973)

Opinion

May 29, 1973.

Klari Neuwelt for the defendant.

John S. Tara, Assistant District Attorney, for the Commonwealth.


The defendant appeals under G.L.c. 278, §§ 33A-33G, from his conviction for escape from the Plymouth County House of Correction and for larceny of an automobile. When the defendant took the stand, the trial judge improperly asked him numerous questions concerning his prior criminal record and activities, eliciting thereby information not otherwise in evidence. Although the evidence supporting both charges was overwhelming, we cannot say that the error was harmless in terms of its effect on the jury. Consequently there must be a new trial.

Judgments reversed. Verdicts set aside.


Summaries of

Commonwealth v. Avery

Appeals Court of Massachusetts
May 29, 1973
1 Mass. App. Ct. 827 (Mass. App. Ct. 1973)
Case details for

Commonwealth v. Avery

Case Details

Full title:COMMONWEALTH vs. EDWARD J. AVERY, JR

Court:Appeals Court of Massachusetts

Date published: May 29, 1973

Citations

1 Mass. App. Ct. 827 (Mass. App. Ct. 1973)
296 N.E.2d 517

Citing Cases

Commonwealth v. Barrett

Commonwealth v. Barrett, 1 Mass. App. Ct. 332, 335-337 (1973). Commonwealth v. Avery, 1 Mass. App. Ct. 827…