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COMMONWEALTH v. McWHINNEY

20 Mass. App. Ct. 444 (1985)

480 N.E.2d 656

COMMONWEALTH vs. MARCIA McWHINNEY.

Appeals Court of Massachusetts, Middlesex.

July 23, 1985.

Attorney(s) appearing for the Case

Charles J. Hely, Special Assistant District Attorney, for the Commonwealth.

Gail S. Strassfeld (Jeanne Baker with her) for the defendant.

Present: GREANEY, C.J., BROWN, & WARNER, JJ.

WARNER, J.

The defendant was convicted by a Superior Court jury of murder in the second degree and sentenced to life imprisonment.1 While her appeal from the conviction was pending, her appellate counsel (who was not trial counsel) learned that the voice recordings of a substantial portion of the trial had been stolen from the court reporter's car.2 Thereupon...

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