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COMMONWEALTH v. DUPREE

16 Mass. App. Ct. 600 (1983)

453 N.E.2d 1071

COMMONWEALTH vs. ROBERT DUPREE.

Appeals Court of Massachusetts, Suffolk.

September 2, 1983.

Attorney(s) appearing for the Case

Richard Zorza for the defendant.

Michael J. Traft, Assistant District Attorney, for the Commonwealth.

Present: BROWN, PERRETTA, & KASS, JJ.

KASS, J.

We hold that under Mass.R.Crim.P. 24(a)(1), 378 Mass. 895 (1979),1 the choice whether to open after the Commonwealth's opening statement or after the Commonwealth has rested belongs to the defendant alone (assuming he has established, under principles reviewed below, the right to make an opening) and that it is error to restrict the timing of the defendant's opening statement...

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