COMMONWEALTH vs. JOHN E. HURTT, III (and a companion case ).

COMMONWEALTH vs. ROBERT W. PRINCE.

4 Mass. App. Ct. 799

March 31, 1976

There was no error in the admission de bene of the wife's testimony as to the purchase price of the three-year old television set her husband had purchased. The purchase price was relevant evidence in determining the value of the set. Schneider v. Hayward, 231 Mass. 352 , 357 (1918). "There is wide discretion in the trial judge to determine what evidence of value shall be deemed admissible in the circumstances." Salter v. Leventhal, 337 Mass. 679 , 691 (1958). Any objection based on hearsay was waived by the failure to make a motion to strike the testimony after it became apparent that her knowledge of the sale was secondhand. Commonwealth v. Johnson, 199 Mass. 55 , 59 (1908). Brek's Case, 335 Mass. 144 , 149 (1956). See also Commonwealth v. Early, 349 Mass. 636 , 637 (1965). In any event, in all the circumstances, the admission of the testimony was harmless. The second assignment of error is waived.

Judgment affirmed.