COMMONWEALTH v. CIMINERA


11 Mass. App. Ct. 101 (1981)

414 N.E.2d 366

COMMONWEALTH vs. ANTHONY CIMINERA (and two companion cases).

Appeals Court of Massachusetts, Norfolk.

January 6, 1981.


Attorney(s) appearing for the Case

Thomas P. McCusker, Jr., for Anthony Ciminera.

John P. Courtney for George Navikauskis.

John F. Sheehan, of Rhode Island, for David Jarjura.

Charles J. Hely, Assistant District Attorney (Gerald M. Kirby with him) for the Commonwealth.

Present: BROWN, GREANEY, & KASS, JJ.


KASS, J.

Each of the defendants was convicted of rape of the same young woman on the night of July 23, 1978. In the aggregate they make ten claims of error in the conduct of their trial and the disposition of certain posttrial motions.

1. Admission of testimony by the defendant Navikauskis of the use of marihuana. During cross-examination of the defendant Navikauskis, the prosecutor put the question...

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