COMMONWEALTH v. DUNNINGTON


390 Mass. 472 (1983)

457 N.E.2d 1109

COMMONWEALTH vs. RICHARD DUNNINGTON.

Supreme Judicial Court of Massachusetts, Plymouth.

November 22, 1983.


Attorney(s) appearing for the Case

Thomas P. Gay for the defendant.

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

Present: WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.


NOLAN, J.

On September 16, 1981, the defendant, Richard Dunnington, was convicted of larceny by check under G.L.c. 266, § 37, at a bench trial in the Wareham District Court. The defendant exercised his right to a de novo trial and on March 19, 1982, a jury of six found him guilty as charged. The defendant appealed to the Appeals Court and we transferred the case to this court on our own motion.

The defendant appeals his conviction on four grounds: (1...

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