COMMONWEALTH v. MARCOTTE


18 Mass. App. Ct. 391 (1984)

466 N.E.2d 127

COMMONWEALTH vs. RONALD P. MARCOTTE.

Appeals Court of Massachusetts, Bristol.

July 19, 1984.


Attorney(s) appearing for the Case

Patricia A. O'Neil for the defendant.

Phillip L. Weiner, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, ROSE, & WARNER, JJ.


ROSE, J.

The defendant appeals from his conviction of armed robbery, raising issues with respect to sentencing, exclusion of evidence, and alleged prosecutorial misconduct. Although we have considered the issues raised by the defendant and find no reversible error, we conclude that there is a substantial risk that an error in the trial judge's final charge misled the jury and materially influenced the verdict. "Accordingly, we reverse because this is one of the exceptional...

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