[Download] "Mclaughlin v. Vinzant" by United States Court of Appeals for the First Circuit * eBook PDF Kindle ePub Free

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eBook details

• Title: Mclaughlin v. Vinzant
• Author : United States Court of Appeals for the First Circuit
• Release Date : January 01, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

MEMORANDUM AND ORDER ON PETITION FOR REHEARING McLaughlin points out that an assertion in our opinion, also in the opinion of the Massachusetts Supreme Court, 364 Mass. 211, 303 N.E.2d 338, 341, is unsupported by testimony in the record, namely that McLaughlin and Dellamano left the party together. There is, however, evidence that McLaughlin and Dellamano were at the party with one another and that McLaughlin went to Dellamano's apartment on the first floor of the same building after he left the party. Then, after the sound of shots, Dellamano reappeared on the second floor in an excited state saying that George had shot someone and George did it - he did it. Another witness, Josselyn, testified to having witnessed McLaughlin fire the fatal shot. These facts, even without the one lacking in testimonial support, support the inference stated in our opinion, that Dellamano was somewhere in the immediate vicinity of the fatal event. Given circumstances . . . consistent with opportunity to observe the event to which declarant testifies, the jury can infer from the statement itself an opportunity to observe. McCormick on Evidence § 297, at 707 (2d ed. 1972).

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