party alleges error in Massachusetts

2026"It is a fundamental rule of practice that where a party alleges error in a charge he must bring the alleged error to the attention of the judge in specific terms in order to give the judge an opportunity to rectify the error, if any." Commonwealth v. McDuffee, 379 Mass. 353, 357 (1979).

2025See Commonwealth v. McDuffee, 379 Mass. 353, 357 (1979) ("It is a fundamental rule of practice that where a party alleges error in a charge he must bring the alleged error to the attention of the judge in specific terms in order to give the judge an opportunity to rectify the error, if any"). 8 v. Palermo, 482 Mass. 620, 630-631 (2019) (two threats, although close in time, were made to separate victims; specific unanimity instruction required); Conefrey, 420 Mass. at 514 (eight assaults occurring over one-year period in three apartments; specific unanimity instruction required).

2015Cf. Commonwealth v. Torres, 420 Mass. 479, 482-483 (1995), quoting from Commonwealth v. Keevan, 400 Mass. 557, 564 (1987) (“It is a fundamental rule of practice that where a party alleges error in a [jury] charge he must bring the alleged error to the attention of the judge in specific *754 terms in order to give the judge an opportunity to rectify the error, if any”).

1998“It is a fundamental rule of practice that where a party alleges error in a charge he must bring the alleged error to the attention of the judge in specific terms in order to give the judge an opportunity to rectify the error, if any.” Ibid.., quoting from Commonwealth v. Keevan, 400 Mass. 557, 564 (1987).

1996While errors not objected to at trial may provide a basis for reversal, this “power ... is rarely exercised,” Commonwealth v. Pares-Ramirez, 400 Mass. 604, 609 (1987), and only where a substantial risk of a miscarriage of justice is posed, see Commonwealth v. Freeman, 352 Mass. 556, 563-564 (1967).

1987“It is a fundamental rule of practice that where a party alleges error in a charge he must bring the alleged error to the attention of the judge in specific terms in order to give the judge an opportunity to rectify the error, if any.” Commonwealth v. McDuffee, 379 Mass. 353, 357 (1979), citing Commonwealth v. Freeman, 352 Mass. 556, 563 (1967).

1986“It is a fundamental rule of practice that where a party alleges error in a charge he must bring the alleged error to the attention of the judge in specific terms in order to give the judge an opportunity to rectify the error, if any.” Commonwealth v. Reid, supra, quoting Commonwealth v. McDuffee, 379 Mass. 353, 357 (1979).

1986At the conclusion of the instructions, defense counsel objected to the instructions in the language set forth in the margin. 4 The statement of objections did not satisfy the “fundamental rule of practice that where a party alleges error in a charge he must bring the alleged error to the attention of the judge in specific terms in order to give the judge an opportunity to rectify the error, if any.” Commonwealth v. Reid, 384 Mass. 247, 258 (1981), quoting Commonwealth v. McDuffee, 379 Mass. 353, 357 (1979).

2019Commonwealth v. Torres , 420 Mass. 479 , 482-483, 651 N.E.2d 360 (1995).

2015Cf. Commonwealth v. Torres, 420 Mass. 479, 482-483 (1995), quoting from Commonwealth v. Keevan, 400 Mass. 557, 564 (1987) (“It is a fundamental rule of practice that where a party alleges error in a [jury] charge he must bring the alleged error to the attention of the judge in specific *754 terms in order to give the judge an opportunity to rectify the error, if any”).

2025See Commonwealth v. McDuffee, 379 Mass. 353, 357 (1979) ("It is a fundamental rule of practice that where a party alleges error in a charge he must bring the alleged error to the attention of the judge in specific terms in order to give the judge an opportunity to rectify the error, if any"). 8 v. Palermo, 482 Mass. 620, 630-631 (2019) (two threats, although close in time, were made to separate victims; specific unanimity instruction required); Conefrey, 420 Mass. at 514 (eight assaults occurring over one-year period in three apartments; specific unanimity instruction required).

2025See Commonwealth v. McDuffee, 379 Mass. 353, 357 (1979) ("It is a fundamental rule of practice that where a party alleges error in a charge he must bring the alleged error to the attention of the judge in specific terms in order to give the judge an opportunity to rectify the error, if any"). 8 v. Palermo, 482 Mass. 620, 630-631 (2019) (two threats, although close in time, were made to separate victims; specific unanimity instruction required); Conefrey, 420 Mass. at 514 (eight assaults occurring over one-year period in three apartments; specific unanimity instruction required).

2015While counsel indicated that he had “legal arguments for later,” he deliberately concealed from both the judge and the Commonwealth the basis of his challenge. 5 ’ 6 “[I]f the [objection] is intended to be relied on, and is seasonably taken, the omission may be supplied, or the error corrected, and the rights of all parties saved. . . . [I]t is not consistent with the purposes of justice, for a party knowing of a secret defect, to proceed and take his chance for a favorable [finding], with the power and intent to annul it, as erroneous and void, if it should be against him.” Commonwealth v. Ca

1996While errors not objected to at trial may provide a basis for reversal, this “power ... is rarely exercised,” Commonwealth v. Pares-Ramirez, 400 Mass. 604, 609 (1987), and only where a substantial risk of a miscarriage of justice is posed, see Commonwealth v. Freeman, 352 Mass. 556, 563-564 (1967).

1995Rule 24 (b) of the Massachusetts Rules of Criminal Procedure, 378 Mass. 895 (1979), provides that “[n]o party may assign as error the giving or the failure to give an instruction unless he objects thereto before the jury retires to consider its verdict, specifying the matter to which he objects and the grounds of his objection.” In the absence of a proper objection, we review a challenged instruction to determine whether it created a “substantial likelihood of a miscarriage of justice.” Commonwealth v. Eagles, 419 Mass. 825, 834 (1995).

1991Our appellate courts have recognized, however, that “an error that has not been called to the judge’s attention may be so serious that we ought to exercise our ‘rarely used power’ to set aside the verdict in order to prevent a miscarriage of justice.” Commonwealth v. Claudio, 405 Mass. 481, 486 (1989), quoting from Commonwealth v. Freeman, 352 Mass. *725 556, 563-564 (1967).

1987“Defense counsel could have pursued the point, but he chose not to. . . .He was not entitled to secrete an error for use on appeal in case the verdict went against him.” (Citation omitted.) Commonwealth v. Cheek, 374 Mass. 613, 615 (1978).

1985See Johnson v. United States, 291 F.2d 150, 156 (8th Cir.), cert. denied, 368 U.S. 880 (1961).

1985See Johnson v. United States, 291 F.2d 150, 156 (8th Cir.), cert. denied, 368 U.S. 880 (1961).

1980In any event, the defendant’s contentions relating to malice are the same as those rejected in Commonwealth v. Lacy, 371 Mass. 363, 371-373 (1976), and also in Commonwealth v. Leate, 352 Mass. 452, 456-457 (1967), and the charge comported with the definitions of malice set forth in Commonwealth v. McGuirk, 376 Mass. 338, 345 (1978).

1980In any event, the defendant’s contentions relating to malice are the same as those rejected in Commonwealth v. Lacy, 371 Mass. 363, 371-373 (1976), and also in Commonwealth v. Leate, 352 Mass. 452, 456-457 (1967), and the charge comported with the definitions of malice set forth in Commonwealth v. McGuirk, 376 Mass. 338, 345 (1978).

1980In any event, the defendant’s contentions relating to malice are the same as those rejected in Commonwealth v. Lacy, 371 Mass. 363, 371-373 (1976), and also in Commonwealth v. Leate, 352 Mass. 452, 456-457 (1967), and the charge comported with the definitions of malice set forth in Commonwealth v. McGuirk, 376 Mass. 338, 345 (1978).