COMMONWEALTH v. EATON


11 Mass. App. Ct. 732 (1981)

419 N.E.2d 849

COMMONWEALTH vs. BERYL EATON.

Appeals Court of Massachusetts, Essex.

April 23, 1981.


Attorney(s) appearing for the Case

Michael M. Maxey for the defendant.

Nancy B. Salafia, Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., GREANEY, & KASS, JJ.


KASS, J.

1. To the degree error contaminated the proceedings in the District Court in this case, that error was expunged by the trial de novo in the Superior Court, in which the defendant was convicted by a jury of assault and battery on a police officer and of resisting arrest. Enbinder v. Commonwealth, 368 Mass. 214, 217-218, cert. denied, 423 U.S. 1024 (1975). The reason for the rule is that "[t]he appeal from the...

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