Commonwealth v. HallCommonwealth v. Hall
- Reporters:
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- Before:
- Smith
The defendant appeals from his conviction by a jury on an indictment that charged him with unarmed robbery.
When the Commonwealth moved for trial on the indictment, defense counsel requested permission of the judge for
At trial, the defendant took the witness stand and gave coherent testimony in an effort to explain the means by which certain incriminating pieces of evidence had come to be in his possession after the robbery. During the testimony and at other points in the trial, defense counsel called to the attention of the judge his doubts about the defendant’s competency to stand trial. On each such occasion, the judge ruled that, based on his own observations of the defendant’s demeanor and conduct during the trial and in light of the record, including the mental examination two weeks before trial, the defendant was competent.
The narrow issue is whether at any time prior to the return of the guilty verdict there was “a substantial question of possible doubt” about the defendant’s competency to stand trial.
Commonwealth
v.
Hill,
375 Mass. 50, 62 (1978), quoting from
Rhay
v.
White,
385 F.2d 883, 886 (9th Cir. 1967). See also
Commonwealth
v.
Vailes,
360 Mass. 522, 524 (1971);
Commonwealth
v.
Chubbuck,
384 Mass. 746, 751 (1981);
Commonwealth
v.
Goldman,
12 Mass. App. Ct. 699, 708 (1981). When such a question arises, the trial judge must, on his own initiative, conduct a full hearing on the issue.
Pate
v.
Robinson,
383 U.S. 375, 385 (1966).
Commonwealth
v.
Vailes, supra
at 524. The defendant had been examined by a psychiatrist two weeks prior to trial and found competent. The judge had a right
Judgment affirmed.