COMMONWEALTH v. DWYER


10 Mass. App. Ct. 707 (1980)

412 N.E.2d 361

COMMONWEALTH vs. THOMAS J. DWYER.

Appeals Court of Massachusetts, Suffolk.

November 14, 1980.


Attorney(s) appearing for the Case

William J. Leahy for the defendant.

John A. Kiernan, Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., GRANT, & NOLAN, JJ.


HALE, C.J.

The defendant has appealed from his conviction of unlawfully carrying a firearm on his person (third offense) in violation of G.L.c. 269, § 10(a). He has raised the sole issue "[w]hether the judge's striking of the entire testimony of the only defense witness to have contradicted the police version of the incident denied defendant his constitutional right to present a defense."1

There was evidence at trial...

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