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COMMONWEALTH v. MENDRALA

20 Mass. App. Ct. 398 (1985)

480 N.E.2d 1039

COMMONWEALTH vs. FRANK MENDRALA (and three companion cases).

Appeals Court of Massachusetts, Hampshire.

July 19, 1985.

Attorney(s) appearing for the Case

Frederick U. Fierst (Wendy Sibbison with him) for Frank Mendrala.

Maureen B. Brodoff, Committee for Public Counsel Services, for John Bailey.

Charles K. Stephenson, Assistant District Attorney, for the Commonwealth.

Present: BROWN, KAPLAN, & DREBEN, JJ.

DREBEN, J.

Convicted of indecent assault and battery and attempted rape, the defendants appeal claiming error in evidentiary rulings by the trial judge and also urging that they are entitled to a new trial by reason of prosecutorial misconduct. We reverse because, contrary to the principles of Commonwealth v. Gardner, 350 Mass. 664, 665-667 (1966), and Commonwealth v. Montmeny, 360 Mass...

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