Commonwealth v. Dewolfe, 249 N.E.2d 745 (Mass. 1969). · Go Syfert
Commonwealth v. Dewolfe, 249 N.E.2d 745 (Mass. 1969). Cases Citing This Book View Copy Cite
4 citation events across 3 distinct courts.
Strongest positive: Commonwealth v. Merry (mass, 2009-04-16)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" Commonwealth v. Merry
Mass. · 2009 · signal: see · confidence high
See Commonwealth v. DeWolfe, 356 Mass. 719, 719 (1969); Commonwealth v. Sturtivant, 117 Mass. 122, 135 (1875) (“It would also seem to be within the range of common knowledge to observe and understand those appearances, in marks or stains caused by blood or other fluids, which indicate the direction from which they came, if impelled by force”).
cited Cited "see" Commonwealth v. Nicholson
Mass. App. Ct. · 1976 · signal: see · confidence high
See Commonwealth v. DeWolfe, 356 Mass. 719 (1969). 7.
Retrieving the full opinion text from the archive…
Commonwealth
v.
Ronald J. DeWolfe
Massachusetts Supreme Judicial Court.
Jun 19, 1969.
249 N.E.2d 745
Robert W. Kelley for the defendant., Willie J. Davis, Assistant Attorney General, for the Commonwealth.
Cited by 3 opinions  |  Published

The defendant was convicted under indictments charging him with assault and battery and rape. His appeal is here under G. L. c. 278, §§ 33A-33G. He claims error in permitting the victim to testify that the defendant “still had the gun in my ribs.” The defendant contends that because the victim never saw a gun this statement “was in the nature of a conclusion and without foundation.” We do not agree. The defendant ignores other testimony of the victim that the defendant had repeatedly told her that he had a gun on her. She was warranted in believing his assertions. The defendant also argues that the victim’s testimony describing certain footprints found at the scene of the assault and describing “spots and marks on her body and clothing being red in color” were conclusions. Even if her statements were conclusions, they required no special learning or experience and were within the general knowledge of man. Commonwealth v. Sturtivant, 117 Mass. 122, 133. See Commonwealth v. Cataldo, 326 Mass. 373, 376. Finally, the defendant claims error in permitting the victim “to testify as to conversation she had at home with her husband . . . offered in the nature of a fresh complaint” and the sub[*720] sequent instructions to the jury on this issue. Without commenting on the merits of this claim, we are satisfied that the judge’s instructions given at the request of the Commonwealth that “you are to completely disregard . . . [that testimony] and wipe it completely from your minds” were explicit and cured any possible prejudicial effect on the testimony. We cannot assume that the jury disregarded the judge’s instructions. Commonwealth v. Rudnick, 318 Mass. 45, 61-62. Commonwealth v. Rondoni, 333 Mass. 384, 386.

Robert W. Kelley for the defendant. Willie J. Davis, Assistant Attorney General, for the Commonwealth.

Judgments affirmed.