HAUFLER v. COMMONWEALTH


372 Mass. 527 (1977)

362 N.E.2d 916

ROBERT C. HAUFLER vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

May 9, 1977.


Attorney(s) appearing for the Case

Robert A. Mulligan, Assistant Attorney General, for the Commonwealth.

George A. McLaughlin, Jr. (John S. Leonard with him) for the plaintiff.

Present: HENNESSEY, C.J., KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.


WILKINS, J.

In this eminent domain case we conclude that the Commonwealth is not now entitled to appellate review of a Superior Court judge's ruling which excluded certain evidence in a trial before him without jury and that, in the normal course, a party to such a proceeding must wait until after the jury trial which has been requested pursuant to G.L.c. 79, § 22, as appearing in St. 1973, c. 983, § 1, before appellate review may be obtained. Because the...

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