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COMMONWEALTH v. KELLEHER

395 Mass. 821 (1985)

482 N.E.2d 804

COMMONWEALTH vs. JOHN J. KELLEHER, JR.

Supreme Judicial Court of Massachusetts, Middlesex.

September 12, 1985.

Attorney(s) appearing for the Case

Brownlow M. Speer, Committee for Public Counsel Services, for the defendant.

Joseph P. Musacchio, Assistant District Attorney, for the Commonwealth.

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

ABRAMS, J.

After trial by jury in 1972, the defendant John J. Kelleher, Jr., was convicted of armed burglary, armed robbery (two indictments), and rape (two indictments).1 On appeal from the denial of his motion for a new trial, the defendant argues that the charge to the jury incorporated an inadequate definition of "beyond a reasonable doubt." We agree with the Appeals Court that the charge...

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