COMMONWEALTH v. DELANEY


8 Mass. App. Ct. 406 (1979)

394 N.E.2d 1006

COMMONWEALTH vs. MICHAEL J. DELANEY.

Appeals Court of Massachusetts, Worcester.

October 4, 1979.


Attorney(s) appearing for the Case

Alice L. Litter for the defendant.

John J. Conte, District Attorney, & Daniel F. Toomey, Assistant District Attorney, for the Commonwealth.

Present: GRANT, BROWN, & DREBEN, JJ.


GRANT, J.

The indictment in this case is laid under G.L.c. 266, § 16. The evidence at trial was such that it must have been obvious to the jury that the defendant was the only person in a position to contradict any of the Commonwealth's witnesses. He did not take the stand and chose to rest at the close of the Commonwealth's case. The jury convicted, and the defendant appealed, claiming numerous errors in the charge. We quote or summarize the salient features...

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