6 Mass. App. Ct. 513 | Mass. App. Ct. | 1978
This case comes before us by way of the defendant’s bill of exceptions after his conviction by a jury on a complaint which charged larceny of less than $100. The only error argued is with respect to the admission of certain testimony and exhibits to which the defendant saved his exceptions. The only material in the
The bill of exceptions contains no recitation of evidence relating to the circumstances of this case which would permit us to rule whether the quoted principle from the Stone case precludes the admission of this evidence of other crimes or whether another principle stated in Stone (321 Mass. at 473-474) and in the holdings of many other cases to the effect that evidence of other criminal acts may be admitted if relevant to prove the offense charged was applicable. See Commonwealth v. Blow, 362 Mass. 196, 201 (1972); Commonwealth v. Baker, 368 Mass. 58, 85-86 (1975), and cases cited; Commonwealth v. Hoffer, 375 Mass. 369, 373 (1978); Commonwealth v. Deschamps, 1 Mass. App. Ct. 1, 3 (1972). Evidence that other calls had
The defendant’s second contention must be considered despite the brevity of the argument in its support and the obvious deficiencies of the bill. As we have stated above with respect to the other calls, the admission of evidence concerning the $17,000 cannot be found on this bill of exceptions to be error if it could have been relevant to the proof of the charge on which the defendant was tried. See Commonwealth v. Rivers, 307 Mass. 225, 227 (1940). We are at a loss, however, to see how evidence of that amount could have been relevant to the single charge of larceny of $6.90. The most which can be assumed is that that evidence may have had some borderline relevance. In that case the rule set out in Commonwealth v. Blow, 362 Mass. at 201, should have been applied, and we think the judge should have concluded that the relevance of the evidence was outweighed by its prejudicial effect.
We are unable to conclude that the defendant was not prejudiced by the admission in evidence of the $17,000 amount. Accordingly, his exceptions are sustained.
So ordered.
"The evidence to support the complaint involved allegations that the defendant made a long distance call to Equador [sic] without depositing the required $6.90 on October 7, 1976. Evidence was adduced relating to the circumstances of the incident on October 7, 1976.
"In addition to the evidence relating to the incident on October 7, 1976, evidence was admitted by the Court relating to numerous other long distance phone calls made to Equador [sic] for which no payment had been received. Gloria M. Piciola was allowed to testify that she was investigating a telephone fraud which involved approximately $17,000.00 and had been in progress for a year. Through this witness, 72 documents were allowed in evidence showing telephone calls which were made to Equador [sic] without money being placed in the telephone coin receptacle.”