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10 Mass. App. Ct. 871

Commonwealth v. LaPierre

Massachusetts Appeals Court

Decided August 22, 1980

Massachusetts Appeals Court · decided 1980-08-22

Key passage — most relied on by later courts

“It is only where the sources [of general reputation evidence] are sufficiently numerous and general that they are viewed as trustworthy”

quoted by 1 later decision, including 95 Mass. App. Ct. 46 - Commonwealth v. Connors

Relies on Roberts v. Florida · Commonwealth v. Edmonds · Commonwealth v. Belton

Good law ✅— No negative treatment on recordhow we know

Decided 1980-08-22

How this case has been cited

Cited by 12 later decisions — most recently March 2019

12 state decisions

701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1The defendant appeals from his conviction on an indictment charging aiding, counseling or procuring the burning of a building (G. L. c. 266, § 2) on the sole ground that the trial judge erred in excluding evidence as to the bad reputation for truth and veracity of a key prosecution witness. There was no error.

¶2The key witness had been a short order cook at the defendant’s restaurant. The excluded evidence was that of a waitress at the restaurant who testified at a voir dire hearing that among her fellow workers, namely two waitresses and a cook, the key witness’s reputation was that “she wouldn’t know the truth if it hit her in the face.”

¶3Although by reason of G. L. c. 233, § 21A, evidence of a person’s reputation is not limited to his reputation in the community in which he resides, but can also be shown by his reputation in the community in which he works, the trial judge has discretion to exclude such evidence if he determines that it is based on the opinions of too limited a group. See Commonwealth v. Belton, 352 Mass. 263, 269, cert. denied, 389 U.S. 872 (1967).

¶4This is so because “evidence of specific . . . opinions may not be used to prove reputation . . . .” Commonwealth v. United Food Corp., 374 Mass. 765, 769 (1978). The impeaching evidence must be of general reputation and not the private opinions of a few persons. F.W. Stock & Sons v. Dellapenna, 217 Mass. 503, 506 (1914). Commonwealth v. Belton, 352 Mass. at 269. See generally Leach & Liacos, Massachusetts Evidence 121-122 (4th ed. 1967). Compare Fed.R.Evid. 608(a) and proposed Mass.R.Evid. 608(a) (July, 1980). It is only where the sources are sufficiently numerous and general that they are viewed as trustworthy. Commonwealth v. United Food Corp., 374 Mass. at 769. See Commonwealth *872v. Edmonds, 365 Mass. 496, 503-504 (1974). See also McCormick, Evidence § 44, at 92-93 (2d ed. 1972); People v. Colantone, 243 N.Y. 134, 139 (1926); People v. Paisley, 214 Cal. App. 2d 225, 233 (1963).

H. Hoover Garabedian for the defendant.Lynn Morrill Turcotte, Assistant District Attorney, for the Commonwealth.

¶5“We hold that, in view of the extremely narrow compass of the [witness’s] business associations . . . the judge in his discretion was warranted in ruling that there was not a sufficient basis for reputation testimony.” Commonwealth v. Belton, 352 Mass. at 269.

¶6Judgment affirmed.

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