Commonwealth v. Reddick, 362 N.E.2d 519 (Mass. 1977). · Go Syfert
Commonwealth v. Reddick, 362 N.E.2d 519 (Mass. 1977). Cases Citing This Book View Copy Cite
40 citation events (8 in the last 25 years) across 4 distinct courts.
Strongest positive: Commonwealth v. Phillips (mass, 2008-11-24)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
discussed Cited as authority (rule) Commonwealth v. Phillips
Mass. · 2008 · confidence medium
See Commonwealth v. Dagley, 442 Mass. 713, 726 (2004), cert. denied, 544 U.S. 930 (2005); Commonwealth v. Guy, supra at 102-103 & n.6; Commonwealth v. Richard, 377 Mass. 64, 66 (1979); Commonwealth v. Reddick, 372 Mass. 460, 462 (1977).
discussed Cited as authority (rule) Commonwealth v. Carlino
Mass. · 2007 · confidence medium
“The search under § 33E is a more general and an obligatory one for a result that may be ‘more consonant with justice,’ ” Commonwealth v. Davis, 380 Mass. 1 , 15 n.20 (1980), quoting Commonwealth v. Seit, 373 Mass. 83, 94 (1977), but “ ‘[w]e do not sit as a second jury to pass anew on the question of the defendant’s guilt.’ ” Commonwealth v. Leahy, 445 Mass. 481, 501 (2005), quoting Commonwealth v. Reddick, 372 Mass. 460, 464 (1977). “[W]e must consider the ‘thrust’ of the evidence, and we must be alert to [] clues that justice has not been achieved.” Commonwealth v.…
discussed Cited as authority (rule) Commonwealth v. Leahy
Mass. · 2005 · confidence medium
“The search under § 33E is a more general and an obligatory one for a result that may be ‘more consonant with justice,’ ” Commonwealth v. Davis, 380 Mass. 1 , 15 n.20 (1980), quoting Commonwealth v. Seit, 373 Mass. 83, 94 (1977), but “[w]e do not sit as a second jury to pass anew on the question of the defendant’s guilt.” Commonwealth v. Reddick, 372 Mass. 460, 464 (1977).
discussed Cited as authority (rule) Commonwealth v. Benoit
Mass. App. Ct. · 1992 · confidence medium
You can’t use it for that purpose, because you are getting it second and third and fourth hand.” The Commonwealth argues, and with considerable force, relying upon such cases as Commonwealth v. Reddick, 372 Mass. 460, 463 (1977), Commonwealth v. Cobb, 379 Mass. 456, 463-465 , vacated and remanded on other grounds sub nom.
cited Cited as authority (rule) Commonwealth v. Costa
Mass. · 1990 · confidence medium
Commonwealth v. Reddick, 372 Mass. 460, 464 (1977).
cited Cited as authority (rule) Commonwealth v. Sinnott
Mass. · 1987 · confidence medium
But “[w]e do not sit as a second jury to pass anew on the question of the defendant’s guilt.” Commonwealth v. Reddick, 372 Mass. 460, 464 (1977).
cited Cited as authority (rule) Commonwealth v. Cifizzari
Mass. · 1986 · confidence medium
Nevertheless, “[w]e do not sit as a second jury to pass anew on the question of the defendant’s guilt.” Commonwealth v. Reddick, 372 Mass. 460, 464 (1977).
cited Cited as authority (rule) Commonwealth v. Anderson
Mass. · 1985 · confidence medium
Nevertheless, “[w]e do not sit as a second jury to pass anew on the question of the defendant’s guilt.” Commonwealth v. Reddick, 372 Mass. 460, 464 (1977).
discussed Cited as authority (rule) Commonwealth v. Daye (2×)
Mass. · 1984 · confidence medium
Massachusetts v. Hurley, 449 U.S. 809 (1980); Commonwealth v. Reddick, 372 Mass. 460, 463 (1977).
discussed Cited as authority (rule) Commonwealth v. Long
Mass. App. Ct. · 1984 · confidence medium
Throughout the entire cross-examination of the defendant the prosecutor repeatedly interspersed the question, “Did you hear [a particular witness] testify that . . . ?” Contrast Commonwealth v. Reddick, 372 Mass. 460, 463-464 (1977).
cited Cited as authority (rule) Commonwealth v. Francis
Mass. · 1984 · confidence medium
Commonwealth v. Reddick, 372 Mass. 460, 464 (1977).
cited Cited as authority (rule) Commonwealth v. Schnopps
Mass. · 1984 · confidence medium
Moreover, “[w]e do not sit as a second jury to pass anew on the question of the defendant’s guilt.” Commonwealth v. Reddick, 372 Mass. 460, 464 (1977).
cited Cited as authority (rule) Commonwealth v. Cappellano
Mass. App. Ct. · 1983 · confidence medium
See Commonwealth v. Festa, 369 Mass. 419, 425-426 (1976); Commonwealth v. Reddick, 372 Mass. 460, 462-464 (1977).
discussed Cited as authority (rule) Commonwealth v. Almon (2×)
Mass. · 1982 · confidence medium
Nonetheless, “[w]e do not sit as a second jury to pass anew on the question of the defendant’s guilt.” Commonwealth v. Reddick, 372 Mass. 460, 464 (1977).
discussed Cited as authority (rule) Commonwealth v. Bookman
Mass. · 1982 · confidence medium
L. c. 233, § 23; Commonwealth v. Reddick, 372 Mass. 460, 462-463 (1977). 9 The defendant also argued at trial that the defendant’s constitutional right to confront the witness against him was violated by the admission of the witness’s grand jury testimony because the defendant was unable to *663 cross-examine the witness’s testimony before the grand jury.
cited Cited as authority (rule) Tobin v. First Count, Inc.
Mass. Dist. Ct., App. Div. · 1981 · confidence medium
Commonwealth v. Reddick, 372 Mass. 460, 463 (1977); Commonwealth v. Hartford 346 Mass. 482, 487 (1963).
cited Cited as authority (rule) Commonwealth v. Greene
Mass. App. Ct. · 1980 · confidence medium
Commonwealth v. Reddick, 372 Mass. 460, 463 (1977).
cited Cited as authority (rule) Commonwealth v. Cobb
Mass. · 1980 · confidence medium
The most instructive case on this point is Commonwealth v. Reddick, 372 Mass. 460, 463 (1977).
cited Cited as authority (rule) Commonwealth v. Richard
Mass. · 1979 · confidence medium
Commonwealth v. Reddick, 372 Mass. 460, 462 (1977).
discussed Cited as authority (rule) Commonwealth v. Clifford
Mass. · 1978 · confidence medium
In the following cases this court held that the judge did not err in charging the jury on this question: Commonwealth v. Reddick, 372 Mass. 460, 461-462 (1977) (victim stabbed eleven times); Commonwealth v. Eisen, supra at 746 (victim died as a result of extensive head wound inflicted by heavy, blunt instrument); Commonwealth v. Knowlton, supra at 385, 389 (victim died from single severe blow on the head); Commonwealth v. Feci, 235 Mass. 562, 571 (1920) (deceased shot in head three times and stabbed and cut in twenty places); Commonwealth v. Gilbert, 165 Mass. 45 (1895) (evidence that victim d…
discussed Cited as authority (rule) Commonwealth v. Pimental
Mass. App. Ct. · 1977 · confidence medium
There was properly admitted evidence from which it could have been found that the defendant and Pichette had been engaged in a conversation concerning the possible purchase of barbiturates from Pichette while the defendant was seated in the right front seat of a parked car and Pichette was standing on the ad *465 jacent sidewalk, that Pichette had kicked the defendant twice through the open (and only operable) door of the car, that the defendant had gotten out of the car and engaged in a fight with Pichette, that Pichette had slashed at the defendant with a razor, 2 that the defendant had sust…
cited Cited "see" Commonwealth v. Wilfredo Lopez.
Mass. App. Ct. · 2025 · signal: see · confidence high
See Commonwealth v. Reddick, 372 Mass. 460, 464 (1977), S.C., 381 Mass. 398 (1980); G.
cited Cited "see" Commonwealth v. Ortiz
Mass. · 2014 · signal: see · confidence high
See Commonwealth v. Reddick, 372 Mass. 460,464 (1977).
discussed Cited "see" Commonwealth v. Bray
Mass. App. Ct. · 1985 · signal: see · confidence high
See Commonwealth v. Reddick, 372 Mass. 460, 463 (1977); Commonwealth v. Cobb, 379 Mass. 456, 462-464 (1980). 10 We may note that the inconsistent prior testimony might be admitted unreservedly by reference to the doctrine lately announced in Commonwealth v. Daye, 393 Mass. at 75 .
cited Cited "see" Commonwealth v. Watkins
Mass. · 1977 · signal: see · confidence high
See Commonwealth v. Reddick, 372 Mass. 460, 464 (1977).
Retrieving the full opinion text from the archive…
Commonwealth vs. Leslie A. Reddick
Massachusetts Supreme Judicial Court.
Apr 29, 1977.
362 N.E.2d 519
Lois M. Lewis for the defendant., Kathleen M. Curry, Assistant District Attorney (James M. Lynch with her) for the Commonwealth.
Hennessey, Braucher, Wilkins, Liacos, Abrams.
Cited by 33 opinions  |  Published
Braucher, J.

The defendant was convicted in June, 1970, of murder in the first degree, with a recommendation by the jury that the death sentence not be imposed. He appealed under G. L. c. 278, §§ 33A-33G, but the appeal was stayed pending disposition of a motion for a new trial. The motion was denied in September, 1975. We[*461] affirm the conviction and decline to disturb the verdict under § 33E.

The Commonwealth produced evidence of the following facts, among others. Before April, 1969, the defendant had been living with Ernestine Mason, who had a child by him and was expecting another. She left him at the end of April because “he kept accusing me of men,” and moved into the apartment of her sister, Dorothy Ricketts. The defendant telephoned her almost every day and asked her to come back, and occasionally visited the apartment. On the evening of May 12,1969, he visited the apartment; present in addition to the defendant and Mason were her sister, her brother, four children, and the victim. The victim’s brother had married another sister of Mason. The defendant and the victim talked as if they were arguing; the victim had a drink but the defendant did not. The victim left before the defendant.

Some time after 10 p.m. the same evening there were three telephone calls to the apartment. Mason’s sister answered the first, recognized the defendant’s voice, and told him she did not appreciate his accusing the victim “of going with my sister and insulting my company.” The defendant then said the victim “is here and you can talk to him now,” and she talked to the victim. During the second call Mason talked to the victim and then to the defendant; she told the defendant she was not coming back to him; she “didn’t want him anymore.” Mason’s nephew answered the third call, heard a “noise like dishes breaking,” and heard the defendant say to someone that “if Ernestine didn’t talk that he would kill him.” The nephew’s mother then took the phone and heard the defendant say, “You black [expletive] — you black [expletive].” About 12:30 a.m. on May 13, the defendant called his niece, crying, and said, “God forgive me, because I just killed a man.” He said he was at “Lillie’s house” and had killed “Ernestine’s brother,” and he asked for money “to get out of town.”

By agreement with Lillie Perryman the defendant cared for her apartment in her absence. The police went to that[*462] apartment about 4:15 a.m. on May 13 and found the victim’s body, stabbed eleven times. A bottle opener with a sharp fork and a serrated cutting edge entered one eye, ran through the upper nose, and exited through the other eye. Two knife blades, the handles broken off, were found in the. chest; one of these was the cause of death. There were signs of a struggle. The victim was five feet five inches tall and weighed about 150 pounds; the defendant was about the same height and weighed about fifty pounds more. The defendant surrendered to the police on May 14.

1. Motion for directed verdict. At the close of the Commonwealth’s case, the defendant moved for a directed verdict. G. L. c. 278, § 11. See Commonwealth v. Baker, 368 Mass. 58, 80 (1975); cf. Commonwealth v. Sandler, 368 Mass. 729, 740 (1975). He contends that there was no evidence of malice, premeditation or “extreme atrocity or cruelty.” There was no error. The evidence, including the telephone statements of the defendant, amply warranted a finding that the killing was intentional. The eleven stab wounds warranted inferences both of deliberate premeditation and of extreme atrocity and cruelty. Commonwealth v. Satterfield, 362 Mass. 78, 82 (1972). Cf. Commonwealth v. Connolly, 356 Mass. 617, 628-629, cert. denied, 400 U.S. 843 (1970), and cases cited (extreme atrocity or cruelty).

2. Jury instructions. The jury were correctly instructed that, in the absence of deliberately premeditated malice aforethought, the defendant could be found guilty of murder in the first degree by reason of extreme atrocity or cruelty. Commonwealth v. Appleby, 358 Mass. 407, 415 (1970). Cf. Commonwealth v. Lacy, 371 Mass. 363, 367-368 (1976) (beating of eighty year old woman); Commonwealth v. Satterfield, 362 Mass. 78, 82 (1972) (victim kicked to death); Commonwealth v. Eisen, 358 Mass. 740, 746 (1971) (extensive head wound).

3. Impeachment of prosecution witness. The husband of the defendant’s niece testified that he listened on an extension during the defendant’s telephone call to her on the morning of the murder, but denied hearing what the defendant said. He was then shown a typewritten state[*463] ment to refresh his recollection. He first testified that he did not remember answering or hearing questions at the police station, but later admitted answering some of the questions on the statement. The judge cautioned the jury that the statement was admitted, “not as evidence of the fact itself, but merely to show that at some time this witness made a prior inconsistent statement.” The prosecutor then read to the witness questions and answers from the statement, eliciting testimony that he did not remember them. He did, however, testify that he heard the defendant ask his niece if she had any money so the defendant could get out of town. The judge declared the witness hostile, and the prosecutor was allowed to cross-examine him.

A party who produces a witness may show that the witness has made prior statements inconsistent with his present testimony. G. L. c. 233, § 23. “Where a party is surprised by the testimony of his own witness that he does not remember relevant facts,” however, “the party will not ordinarily be allowed to introduce prior statements of the witness concerning those facts, under G. L. (Ter. Ed.) c. 233, § 23, because the legitimate value of the statements as contradictions of the purported failure to remember would usually be slight, while the danger that the jury would give affirmative testimonial value to the statements would be great.” See Langan v. Pianowski, 307 Mass. 149, 151 (1940), and cases cited. The defendant contends that the quoted principle was violated.

We disagree. The witness went beyond saying he did not remember. He said he did not hear what the defendant said and did not speak with the defendant that night. The Commonwealth was entitled to try to discredit that testimony, and was not barred by a series of answers of “I don’t remember.” Commonwealth v. Festa, 369 Mass. 419, 425-426 (1976).

4. Cross-examination of the defendant. The defendant was asked on cross-examination whether he had heard the medical examiner testify to stab wounds which the prosecutor described. The defendant complains that the questions were designed to emphasize the details and prejudice[*464] the jury. We see no abuse of the judge’s discretion. Commonwealth v. D’Ambra, 357 Mass. 260, 264 (1970).

5. Section 33E. In accordance with our duty under G. L. c. 278, § 33E, we have considered the case broadly on the law and the facts to determine whether there was any miscarriage of justice, and we conclude that the judgment should stand. We do not sit as a second jury to pass anew on the question of the defendant’s guilt. Commonwealth v. Earltop, ante, 199, 204 (1977). The jury were not required to believe, and plainly did not believe, the defendant’s testimony so far as it tended to show lack of malice, reasonable provocation, self-defense, sudden transport of passion and heat of blood. In a somewhat comparable case, we found that the weight of the evidence indicated murder in the second degree rather than murder in the first degree or manslaughter, since the entire sequence of events reflected spontaneity rather than premeditation. Commonwealth v. Williams, 364 Mass. 145, 150-152 (1973). In that case, as in this one, the jury had recommended that the sentence of death be not imposed. But the evidence of extreme atrocity and cruelty was far less compelling than it is here.

Judgment affirmed.