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COMMONWEALTH v. KATER

388 Mass. 519 (1983)

447 N.E.2d 1190

COMMONWEALTH vs. JAMES M. KATER.

Supreme Judicial Court of Massachusetts, Bristol.

March 23, 1983.

Attorney(s) appearing for the Case

Jonathan Shapiro for the defendant.

Lance J. Garth, Assistant District Attorney (Patricia O. Ellis & Phillip L. Weiner, Assistant District Attorneys, with him) for the Commonwealth.

Thomas G. Shapiro, for Frederick Clay, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

WILKINS, J.

In this appeal by the defendant from his convictions of murder in the first degree and kidnapping, we consider the admissibility of testimony from witnesses who have been hypnotized. Aspects of this issue were before us in Commonwealth v. A Juvenile, 381 Mass. 727 (1980). In our opinion in A Juvenile, we declined to take an authoritative position because of the absence of findings of facts on possibly...

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