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COMMONWEALTH v. McVICKER

20 Mass. App. Ct. 713 (1985)

482 N.E.2d 830

COMMONWEALTH vs. ROBERT L. McVICKER.

Appeals Court of Massachusetts, Suffolk.

September 5, 1985.

Attorney(s) appearing for the Case

John N. Greenwood for the defendant.

Mark Hart Summerville, Legal Assistant to the District Attorney (Michael J. Traft, Assistant District Attorney, with him) for the Commonwealth.

Present: PERRETTA, CUTTER, & DREBEN, JJ.

PERRETTA, J.

After the defendant was found guilty of larceny by a judge of the Boston Municipal Court, he appealed to the jury-of-six session of that court. When he failed to appear for a hearing on his various pretrial motions, including a motion to suppress, he was defaulted, and sentence was thereafter imposed pursuant to G.L.c. 278, § 24, as amended by St. 1978, c. 478, § 305.1 We conclude that the defendant's default

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