Legal Opinion · Dissent

Commonwealth v. French

Massachusetts Appeals Court

Decided October 9, 2015No. AC 14-P-1257Published

1DissentAgnes, J.

The majority opinion reasons that the *480Commonwealth’s case consisted of not only latent fingerprint evidence, but also additional corroborative evidence that when taken together permitted the judge to conclude beyond a reasonable doubt that the defendant’s fingerprint was impressed at the time the crime was committed. See Commonwealth v. Morris, 422 Mass. 254, 257 (1996); Commonwealth v. Baptista, 32 Mass. App. Ct. 910, 911 (1992). I read the record differently.

There is no evidence in this case linking the defendant to the break-in of the market other than a latent fingerprint found on a…

2Cases cited33 opinions

  1. Commonwealth v. FancyMassachusetts Supreme Judicial Court · 1965
  2. Terrio v. McDONOUGH HARTFORD FIRE INS. CO.Massachusetts Appeals Court · 1983
  3. Monroe v. StateSupreme Court of Delaware · 1995
  4. Commonwealth v. SalemmeMassachusetts Supreme Judicial Court · 1985
  5. Ernest S. Borum v. United StatesCourt of Appeals for the D.C. Circuit · 1967

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