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COMMONWEALTH v. HOPPIN

13 Mass. App. Ct. 36 (1982)

429 N.E.2d 1037

COMMONWEALTH vs. ALLAN B. HOPPIN.

Appeals Court of Massachusetts, Middlesex.

January 11, 1982.

Attorney(s) appearing for the Case

William J. Leahy (John M. Garvey with him) for the defendant.

Robert M. Raciti, Assistant District Attorney, for the Commonwealth.

Present: GREANEY, PERRETTA, & KASS, JJ.

KASS, J.

There is no attempt by the Commonwealth to deny that the prosecutor, who is not counsel on this appeal, engaged in egregiously improper conduct during the closing argument. The question is: Did it matter?

Trial was before a jury and the defendant was convicted of rape, committing unnatural acts, assault and battery by means of a dangerous weapon, kidnapping, unlawful possession of a firearm, unlawful possession of marijuana, and

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