Commonwealth v. Malone

Massachusetts Supreme Judicial Court
Commonwealth v. Malone, 376 Mass. 931 (Mass. 1978)
384 N.E.2d 624; 1978 Mass. LEXIS 1184

Commonwealth v. Malone

Opinion of the Court

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.

Reference

Full Case Name
Commonwealth v. Brenda Malone
Cited By
6 cases
Status
Published