(Download) "Commonwealth v. Domingos Gomes" by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Domingos Gomes
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 08, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Practice, Criminal, Finding of guilty, Verdict, Continuance without a finding. Judge. Moot Question. Words, ""Conviction."" LIACOS, C.J. A complaint was entered in the Palmer District Court charging the defendant, Domingos Gomes, with assault and battery. The defendant waived his right to a jury trial and was tried before a Judge in the Springfield District Court on November 4 and 5, 1992. At issue in this appeal by the Commonwealth 1 is the validity of the trial Judge's order continuing the defendant's case without a finding. This order was entered at the request of the defendant, over the objection of the prosecutor, after the Judge had already found the defendant guilty of the crime charged. At the Conclusion of the closing arguments, the following exchange took place between the court, the prosecutor, and defense counsel: The Judge: ""After hearing evidence . . . I find [the defendant] guilty of the offense of assault and battery. . . . And I will hear you on sentencing."" The prosecutor: ""Thank you Your Honor. With respect to [the defendant], the Commonwealth would ask for one-year probation with the reason for that being that he has no prior record . . . ."" Defense counsel: ""Your Honor I would ask that you continue . . . for a period of time . . . the Court based on the fact that there is no prior record . . . ."" The Judge: ""So you're asking me to find facts sufficient?"" Defense counsel: ""Yes."" The prosecutor: ""Your Honor the Commonwealth strenuously objects. I think Your Honor has found him guilty already. I would ask that a guilty finding be entered . . . ."" The Judge: ""Alright [sic], over the objection of the Commonwealth I am going to find that there are facts sufficient. I am going to continue it for a period of six months without entering a finding of guilty. [The defendant] will be on probation during that period of time, it will be unsupervised . . . .""
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