COMMONWEALTH v. BUIEL


391 Mass. 744 (1984)

463 N.E.2d 1172

COMMONWEALTH vs. MICHAEL BUIEL.

Supreme Judicial Court of Massachusetts, Plymouth.

April 26, 1984.


Attorney(s) appearing for the Case

Brownlow M. Speer for the defendant.

Robert S. Sinsheimer, Assistant District Attorney, for the Commonwealth.

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


WILKINS, J.

The defendant raises one issue in his appeal from his convictions of rape of a child and indecent assault and battery on a child under fourteen. The victim was the defendant's daughter, who was eight at the time of the crimes.

As part of a conscious trial strategy to present no defense, defense counsel seasonably raised, by written motion and orally, his request that the trial judge not instruct the jury as to the defendant's right not to testify...

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