COMMONWEALTH v. REDMOND


370 Mass. 591 (1976)

351 N.E.2d 501

COMMONWEALTH vs. DANIEL JOSEPH REDMOND.

Supreme Judicial Court of Massachusetts, Worcester.

July 6, 1976.


Attorney(s) appearing for the Case

Joseph J. Balliro for the defendant.

Manuel Morse, Assistant District Attorney (Francis R. Fecteau, Assistant District Attorney, with him) for the Commonwealth.

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


BRAUCHER, J.

The defendant appeals under G.L.c. 278, §§ 33A-33G, from convictions of murder in the first degree, burglary while armed, and armed robbery. We hold that the prosecutor, both in his cross-examination of the defendant and in his summation to the jury, repeatedly and deliberately went beyond permissible limits, and that the cautionary instructions of the judge were insufficient to cure the resulting prejudice to the defendant. We therefore reverse...

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