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At a jury-waived trial the judge was warranted in making findings of guilty against two defendants charged with conspiracy to commit larceny, where the evidence provided a basis for a reasonable inference that a conspiracy existed, that the defendants knew of the existence and objectives of the conspiracy, and that they participated in it.
At the jury-waived trial of indictments for conspiracy to commit larceny there was no error in the judge's examining witnesses' prior inconsistent statements to determine whether the statements were admissible or allowing the prosecutor to question the witnesses about the statements, which they had recanted at trial. At a jury-waived criminal trial, the judge's comments on the credibility of two prosecution witnesses who recanted their prior inculpatory statements, followed by his holding one of the witnesses for perjury, did not, on the record presented, entitle the defendants to allowance of their motion for a new trial based on the propriety of the judge's comments.
The record of criminal proceedings did not support a defendant's claim under Mass. At the trial of indictments for conspiracy, the admission in evidence of a statement made by a coconspirator during the furtherance of the conspiracy was proper under an exception to the hearsay rule. There was no merit to a criminal defendant's contention that certain alleged irregularities in the grand jury proceeding that led to his indictment required dismissal of the indictment.
In a criminal case, the warrantless seizure of certain evidence was justified under the plain view doctrine and a defendant's motion to suppress the evidence was correctly denied. Pretrial motions to suppress evidence and to dismiss on the ground that the integrity of the grand jury proceedings was impaired were heard by George Jacobs, J.
The cases were heard by Cortland A. Mathers, J. FINE, J. After a jury-waived trial, a judge of the Superior Court found the defendants, Ronald G. Anselmo and Alfred Carvalho, guilty of conspiracy to commit larceny of property worth over one hundred dollars see G. Carvalho, Anselmo's cousin, worked as a truck driver for J. Taylor Distributing Co. Taylor, Inc. The case involved an alleged arrangement among the two defendants and others to steal beer from J.