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5 Mass. App. Ct. 825

Commonwealth v. Mello

Massachusetts Appeals Court

Decided May 19, 1977

Massachusetts Appeals Court · decided 1977-05-19

Relies on Commonwealth v. Freeman · 4 Mass. App. Ct. 379 - Commonwealth v. Miller

Good law ✅— No negative treatment on recordhow we know

Decided 1977-05-19

How this case has been cited

Cited by 3 later decisions — most recently April 2007

3 state decisions

101977198019902000decided

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.

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¶1Although the assignment of error which is directed to two sentences in the judge’s charge brings nothing before this court for review because the assignment is not based on an exception, Commonwealth v. Miller, 4 Mass. App. Ct. 379, 382-383 (1976), we have examined the allegedly erro*826neons instructions to determine whether there is a likelihood of “a substantial risk of a miscarriage of justice.” Commonwealth v. Freeman, 352 Mass. 556, 564 (1967). We have concluded that the charge, viewed in its entirety, was not erroneous. The other assignment of error, not having been briefed, is deemed waived.

Melvin S. Louison for the defendant.Mary A. McLaughlin, Special Assistant District Attorney (Lance J. Garth, Assistant District Attorney, with her) for the Commonwealth.

¶2Judgment affirmed.

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