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COMMONWEALTH v. SAARELA

15 Mass. App. Ct. 403 (1983)

446 N.E.2d 97

COMMONWEALTH vs. DONALD P. SAARELA.

Appeals Court of Massachusetts, Plymouth.

March 4, 1983.

Attorney(s) appearing for the Case

John P. Corbett, Assistant District Attorney (Robert Sinsheimer, Assistant District Attorney, with him) for the Commonwealth.

George G. Burke for the defendant.

Present: GRANT, ROSE, & SMITH, JJ.

SMITH, J.

By this appeal filed pursuant to Mass.R.Crim. P. 30(c)(8), 378 Mass. 902 (1979), the Commonwealth contends that a Superior Court judge erred in granting the defendant's motion for a new trial without first holding an evidentiary hearing.1 We agree, reverse the order granting the defendant's motion for a new trial, and remand the case to the Superior Court for an evidentiary...

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