COMMONWEALTH v. SMITH


329 Mass. 477 (1952)

109 N.E.2d 120

COMMONWEALTH vs. CARL G. SMITH.

Supreme Judicial Court of Massachusetts, Suffolk.

November 26, 1952.


Attorney(s) appearing for the Case

Thomas E. Dwyer, (George H. Lewald with him,) for the defendant.

John F. McAuliffe, Assistant District Attorney, for the Commonwealth.

Present: QUA, C.J., LUMMUS, SPALDING, WILLIAMS, & COUNIHAN, JJ.


COUNIHAN, J.

On an indictment for armed robbery the 1defendant has been found guilty and sentenced. The case is here upon an exception of the defendant to a ruling of the judge relating to evidence tending to support an alibi of the defendant, principally relied upon by him in defence.

During the cross-examination of the defendant the assistant district attorney inquired as follows: "ASSISTANT DISTRICT ATTORNEY: You say you were driving Mongold to Norfolk...

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