COMMONWEALTH v. HEBERT


379 Mass. 752 (1980)

400 N.E.2d 851

COMMONWEALTH vs. CALVIN HEBERT.

Supreme Judicial Court of Massachusetts, Berkshire.

February 5, 1980.


Attorney(s) appearing for the Case

Daniel E. Callahan for the defendant.

John A. Agostini, Assistant District Attorney (Daniel A. Ford, Assistant District Attorney, with him) for the Commonwealth.

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


WILKINS, J.

In this case we conclude that a poll of the jury showed that the jurors did not agree unanimously on a verdict of the defendant's guilt and that, following a dialogue between the judge and an unconvinced juror, a mistrial should have been declared.

We summarize the evidence briefly. On April 1, 1975, the first day of the effectiveness of the mandatory one-year sentence for the carrying of a firearm without a firearm identification card,

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