Fitzgerald v. Fitzgerald

1 Citing case

  1. Commonwealth v. Polydores

    507 N.E.2d 775 (Mass. App. Ct. 1987)   Cited 8 times
    In Commonwealth v. Polydores (Mass.Ct.App. 1987), 507 N.E.2d 775, rev. denied, (Mass. 1987) 509 N.E.2d 1202, the defendant, wearing running shoes, kicked the victim repeatedly, causing a fractured nose, black eyes and bruises.

    The correct procedure in order to preserve the objection is to make an offer of proof, mark the excluded documents for identification, and include them in the record appendix. See Old Colony Trust Co. v. Third Universalist Soc., 285 Mass. 146, 149 (1934); Mazzaro v. Paull, 372 Mass. 645, 648, 652, n. 9 (1977); Torre v. Harris-Seybold Co., 9 Mass. App. Ct. 660, 673 (1980); Fitzgerald v. Fitzgerald, 10 Mass. App. Ct. 849 (1980). 3. The judge denied the defendant's belated motion to preclude impeachment of the defendant by his prior convictions.