Year: House All Representatives House Clerk. Special Events. All Committees Search Committees Search. Search Search the Legislature Search. Print Page. Prev ious Next. Confirm Password. Already have an account? Sign in here. Forgot Password? Sign In Signing In Not Registered? Click here. In Commonwealth v. DiGregorio , the defendant was found guilty of home invasion, kidnapping, assault, and battery by means of a dangerous weapon.
One of the exceptions at issue was the joint venture exception to the hearsay rule. Under this rule, when joint criminal venturers make out-of-court statements against others, these statements are admissible if they are made while a criminal enterprise is pending and in order to further it. The judge needs to give a jury instruction informing the jury they can only consider the hearsay if they find there was a joint venture, based on all the other evidence except the hearsay statements.
In this case, the appellate court found there was enough evidence for the judge to decide there was a joint venture between the person who made the statement and the defendant. The declarant made the statements to his friend after the defendant and the declarant had bought the equipment to use for the joint venture. They were made to someone the declarant trusted and might have been made to get the friend to help in the joint venture, which he did.
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