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COMMONWEALTH v. CURRY

368 Mass. 195 (1975)

330 N.E.2d 819

COMMONWEALTH vs. JAMES H. CURRY.

Supreme Judicial Court of Massachusetts, Suffolk.

June 20, 1975.

Attorney(s) appearing for the Case

James A. O'Donovan for the defendant.

Robert J. McKenna, Jr., Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.

TAURO, C.J.

The defendant appeals pursuant to G.L.c. 278, §§ 33A-33G, from his conviction of manslaughter on an indictment charging murder in the first degree. He contends that the trial judge erred (1) in refusing to allow him to confer with counsel while on a view, (2) in denying a mistrial when the defendant's son (a chief witness) was arrested as he left the court room, (3) in refusing to charge the jury on assault and battery, and (4) in

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