Commonwealth v. O'Connell

The defendant, Ralph M. O’Connell, appeals from five convictions each of forgery (G. L. c. 267, § 1), uttering (G. L. c. 267, § 5), and larceny over $250 (G. L. c. 266, § 30) involving five checks cashed at two banks. On appeal, the defendant alleges that (1) his motion for required finding of not guilty should have been allowed; (2) certain information erroneously admitted in evidence had an unduly prejudicial effect on the jury; and (3) the prosecutor’s opening statement created a substantial risk of a miscarriage of justice. In a two-to-one decision, the Appeals Court concluded that the…