Commonwealth v. Smith, 508 N.E.2d 598 (Mass. 1987). · Go Syfert
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Commonwealth v. Smith, 508 N.E.2d 598 (Mass. 1987). Cases Citing This Book View Copy Cite
20 citation events (13 in the last 25 years) across 2 distinct courts.
Strongest positive: Todd Main v. Johanna Main. (massappct, 2025-11-26)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 10 distinct citers.
discussed Cited as authority (rule) Todd Main v. Johanna Main. (2×) also: Cited "see"
Mass. App. Ct. · 2025 · confidence medium
Neither the transcript nor the record appendix indicates the documents relevant to these claims were brought before the judge.1 As the appellant, it is the wife's burden to 1 Although the record appendix filed by the wife in this case labels purportedly supporting documents as "presented/available to court 12/20/22," there is no evidence that they were ever filed in the lower court or presented to the judge in this case, and no reference to them is apparent in the transcript. 5 provide "a record of all the evidence which was before the judge." Connolly v. Connolly, 400 Mass. 1002, 1003 (1987);…
cited Cited as authority (rule) Discover Realty Corp. v. David
Mass. App. Ct. · 2000 · confidence medium
Connolly v. Connolly, 400 Mass. 1002, 1003 (1987).
cited Cited as authority (rule) Foley v. Foley
Mass. App. Ct. · 1989 · confidence medium
Therefore we are unable to assess whether the judge’s findings of fact [as to counsel fees] are clearly erroneous.” Connolly v. Connolly, 400 Mass. 1002, 1003 (1987). 4.
discussed Cited "see" A.S. v. N.S.
Mass. App. Ct. · 2024 · signal: see · confidence high
See generally Leman v. Krentler-Arnold Hinge Last Co., 284 U.S. 448, 451 (1932). 5 Similarly, the challenges to the other interlocutory orders need not be addressed separately, as the orders are subsumed in the judgment. 3 See Connolly v. Connolly, 400 Mass. 1002, 1003 (1987).
cited Cited "see" M.C. v. C.M.
Mass. App. Ct. · 2019 · signal: see · confidence high
See Connolly v. Connolly , 400 Mass. 1002 , 1003 (1987).
cited Cited "see" M.M. v. D.A.
Mass. App. Ct. · 2011 · signal: see · confidence high
See Connolly v. Connolly, 400 Mass. 1002, 1003 (1987).
cited Cited "see" Commonwealth v. Cruz
Mass. · 2005 · signal: see · confidence high
See Commonwealth v. Smith, 21 Mass. App. Ct. 619, 622 (1986), S.C., 400 Mass. 1002 (1987).
cited Cited "see" Downey v. Downey
Mass. App. Ct. · 2002 · signal: see · confidence high
See Connolly v. Connolly, 400 Mass. 1002, 1003 (1987).
cited Cited "see" Commonwealth v. Smith
Mass. App. Ct. · 1990 · signal: see · confidence high
See and compare Commonwealth v. Smith, 21 Mass. App. Ct. 619 , 622 & n.4 (1986), S.C., 400 Mass. 1002 (1987).
cited Cited "see, e.g." Baccanti v. Morton
Mass. · 2001 · signal: see, e.g. · confidence medium
See, e.g., Connolly v. Connolly, 400 Mass. 1002, 1003 (1987), citing Fox Tree v. Harte-Hanks Communications, Inc., 398 Mass. 845, 847 (1986).
Commonwealth
v.
David Smith
Massachusetts Supreme Judicial Court.
Jun 3, 1987.
508 N.E.2d 598
Brownlow M. Speer, Committee for Public Counsel Services, for the defendant., Marcy Cass, Assistant District Attorney, for the Commonwealth.
Published

On application of the Commonwealth, we granted further appellate review of the instant case. Commonwealth v. Smith, 21 Mass. App. Ct. 619 (1986). Because the defendant conceded that he was at the scene of the crime, the issue raised is whether it was error to admit a sanitized police photograph taken approximately one year prior to the defendant’s arrest for the current offense. The Appeals Court concluded that the admission of the photograph was error because it suggested that the defendant had a criminal record, and the judge had excluded the defendant’s record. See id. at 622-623. We agree with the reasoning and result of the Appeals Court. On the issue of whether there was sufficient evidence of armed robbery, we also agree with the Appeals Court. Id. at 623-624.

The judgment of the Superior Court is reversed, the verdict set aside, and the case remanded for a new trial.

So ordered.