Commonwealth v. Malone, 384 N.E.2d 624

As in Commonwealth v. Vitello, ante 426 (1978), the defendant in this case excepted to- the admission of polygraph evidence as part of the Commonwealth’s case in chief. As in that case, therefore, we order a new trial. As an afterthought, the Commonwealth contends that the ViieZ-Zo decision should be limited to prospective application, but we impose no such limitation. Also as an afterthought, the Commonwealth contends that the error was harmless, but we are not convinced beyond a reasonable doubt.

Judgments of the Superior Court Department reversed.

Verdicts set aside.

Case Details

Case Name: Commonwealth v. Malone

Court Name: Massachusetts Supreme Judicial Court

Date Published: Dec 29, 1978

Citations: 384 N.E.2d 624; 376 Mass. 931; 1978 Mass. LEXIS 1184

Court Abbreviation: Mass.