Home COMMONWEALTH vs. WILLA MAE DANIELS.

364 Mass. 829

November 30, 1973

The defendant was tried on four indictments based on unlawful possession and sale of heroin and, having been found guilty on all indictments, was sentenced. The Appellate Division of the Superior Court amended the judgments by vacating the sentences on two indictments. The defendant is here on assignments of error, the case having been taken under the provisions of G. L. c. 278, Sections 33A-33G. She complains of a part of the contents of the charge to the jury. The charge was given without objection or exception and this fact disposes of the appeal. As we have frequently stated, in a case tried subject to G. L. c. 278, Sections 33A-33G, "an assignment of error not based on an exception brings nothing to this court for review." Commonwealth v. Myers, 356 Mass. 343 , 346 (1969), and cases cited. We further note for guidance of counsel in the trial of criminal cases our statement in Commonwealth v. Foley, 358 Mass. 233 , 236 (1970), expressing "our disapproval of the constantly growing practice of certain counsel arguing alleged errors of the trial judge where no exceptions were taken."

Judgments affirmed.

Home COMMONWEALTH vs. JOHN E. MOREAU.

364 Mass. 829

November 30, 1973

The defendant was tried on two indictments, one charging extortion, the other larceny, and assigns as error the action of the trial judge in denying motions for directed verdicts on both charges. The jury could have found that over a period of ten years the defendant made a series of threats to one Anthony Thonis, as a result of which he received weekly payments from Thonis. This states the elements of the crime as they are delineated in G. L. c. 265, Section 25, as amended. See Commonwealth v. Snow, 269 Mass. 598 , 608 (1930); Commonwealth v. Pelligrini, 283 Mass. 300 , 303 (1933); Commonwealth v. De Vincent, 358 Mass. 592 , 595 (1971). On the larceny charge, there was evidence of the transfer of money to the defendant based on false statements and promises which he made to one Kelley. There was a showing that the defendant made a false statement of fact, viz., an intention to assist Kelley to attain a position in a social organization, known by him to be false, with the intent that Kelley should rely on its truth and as a

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result transfer money to the defendant. See Commonwealth v. Green, 326 Mass. 344 , 348 (1950), and cases cited. There was no error.

Judgments affirmed.