Legal Opinion

Commonwealth v. Redmond

Massachusetts Supreme Judicial Court

Decided July 6, 1976PublishedCited by 56 opinions

1Opinion of the CourtBraucher, J.

The defendant appeals under G. L. c. 278, § § 33A-33G, from convictions of murder in the first degree, burglary while armed, and armed robbery. We hold that the prosecutor, both in his cross-examination of the defendant and in his summation to the jury, repeatedly and deliberately went beyond permissible limits, and that the cautionary instructions of the judge were insufficient to cure the resulting prejudice to the defendant. We therefore reverse the judgments and remand the case for a new trial.

There is substantially no dispute as to the following facts. On Friday, February 22, 1974, the…

2Cases cited5 opinions

  1. Harris v. New YorkSupreme Court of the United States · 1971
  2. Commonwealth v. De ChristoforoMassachusetts Supreme Judicial Court · 1971
  3. Commonwealth v. DiMarzoMassachusetts Supreme Judicial Court · 1974
  4. Commonwealth v. HarrisMassachusetts Supreme Judicial Court · 1973
  5. United States v. Aloyisus M. BrownCourt of Appeals for the Sixth Circuit · 1975

3Cited by56 opinions

  1. Commonwealth v. KozecMassachusetts Supreme Judicial Court · 1987
  2. Commonwealth v. FitzgeraldMassachusetts Supreme Judicial Court · 1978
  3. Commonwealth v. BorodineMassachusetts Supreme Judicial Court · 1976
  4. Commonwealth v. RobertsMassachusetts Supreme Judicial Court · 1979
  5. Commonwealth v. ShelleyMassachusetts Supreme Judicial Court · 1978

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