COMMONWEALTH v. GILBERT


377 Mass. 887 (1979)

388 N.E.2d 1190

COMMONWEALTH vs. IRVIN HARRIS GILBERT.

Supreme Judicial Court of Massachusetts, Hampden.

April 24, 1979.


Attorney(s) appearing for the Case

John F. Donahue for the defendant.

John C. Bryson, Jr., Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, WILKINS, & ABRAMS, JJ.


KAPLAN, J.

In the present case the prosecutor, under a court order following Lewinski guidelines,1 furnished defense counsel before trial with the statement of a prospective Commonwealth witness, reduced to writing. The day before taking the stand, this witness informed the prosecutor that the statement was incorrect in material respects. It could, then, be expected that his testimony ...

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