COMMONWEALTH v. SMITH


8 Mass. App. Ct. 143 (1979)

391 N.E.2d 1260

COMMONWEALTH vs. WALTER J. SMITH, JR.

Appeals Court of Massachusetts, Middlesex.

July 19, 1979.


Attorney(s) appearing for the Case

Robert A. Stanziani for the defendant.

Susan C. Mormino, Assistant District Attorney (Pamela L. Hunt, Legal Assistant to the District Attorney, with her) for the Commonwealth.

Present: KEVILLE, ARMSTRONG, & DREBEN, JJ.


KEVILLE, J.

The defendant appeals after convictions on two counts of forcible or unnatural intercourse with a child under sixteen in violation of G.L.c. 265, § 22A. After the first day of the four-day trial at which the victim had been examined and cross-examined extensively, the forewoman of the jury asked the judge to be excused because "the nature of the case [was] such that [she was] unable to fairly and impartially decide the case." Upon being questioned...

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