COMMONWEALTH v. ZAKAS


358 Mass. 265 (1970)

263 N.E.2d 446

COMMONWEALTH vs. ANGELO ZAKAS & another.

Supreme Judicial Court of Massachusetts, Essex.

November 5, 1970.


Attorney(s) appearing for the Case

Paul Resnick for the defendant Zakas.

John J. Jennings, Assistant District Attorney, for the Commonwealth.

Present: SPALDING, KIRK, SPIEGEL, & QUIRICO, JJ.


KIRK, J.

The defendants Zakas and Carney were indicted for conspiracy to steal property of Teremo, Inc., of the value of more than $100, and were found guilty at a trial subject to G.L.c. 278, §§ 33A-33G, inclusive. Both appealed. Only Zakas, however, has perfected and prosecuted his appeal.

Zakas assigns two errors: (1) A juror who sat on the convicting jury had earlier during the same sitting served on a jury which by a directed verdict found Zakas...

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