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COMMONWEALTH v. PYLES

423 Mass. 717 (1996)

COMMONWEALTH v. JAMES D. PYLES, JR.

Supreme Judicial Court of Massachusetts, Hampden.

November 8, 1996.

Attorney(s) appearing for the Case

Judy Zeprun Kalman, Special Assistant District Attorney, for the Commonwealth.

Kathleen M. Curry for the defendant.

Donald S. Bronstein & William C. Newman for Committee for Public Counsel Services & another, amici curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, & FRIED, JJ.

GREANEY, J.

The defendant was charged by a complaint in a District Court with assault by means of a dangerous weapon in violation of G. L. c. 265, § 15B (1994 ed.). According to the Commonwealth, the defendant, during an argument, cocked and pointed a handgun at his twelve year old nephew, in the presence of the boy's mother (defendant's sister). The defendant disputed this version of the facts, claiming that he never...

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