COMMONWEALTH v. DiLEGO


387 Mass. 394 (1982)

439 N.E.2d 807

COMMONWEALTH vs. JOHN DiLEGO, THIRD.

Supreme Judicial Court of Massachusetts, Berkshire.

September 7, 1982.


Attorney(s) appearing for the Case

John F. McLaughlin, Jr., for the defendant.

Daniel A. Ford, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


WILKINS, J.

We are squarely presented with whether a trial judge may, in his discretion, admit the results of a polygraph examination to corroborate the testimony of a prosecution witness. We conclude that a judge may not, at least in the absence of an appropriate stipulation concerning the admissibility of the results of such an examination.

The defendant was convicted in May, 1981, of attempted arson and of perjury following a jury trial in the Superior...

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