COMMONWEALTH v. HARVEY


397 Mass. 803 (1986)

494 N.E.2d 382

COMMONWEALTH vs. DAVID SCOTT HARVEY.

Supreme Judicial Court of Massachusetts, Essex.

June 25, 1986.


Attorney(s) appearing for the Case

John P. McGloin for the defendant.

Edward F. Connelly, Assistant District Attorney (Dyanne Klein Polatin, Assistant District Attorney, with him) for the Commonwealth.

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


NOLAN, J.

On April 11, 1984, an Essex County grand jury returned two indictments charging the defendant, David Scott Harvey, with kidnapping and murder in the first degree. On December 3, 1984, the defendant's trial commenced before a judge and a jury in the Superior Court in Essex County. The defendant was convicted of both crimes.

On appeal, the defendant argues that (1) the prosecutor improperly used information contained in the defendant's records from...

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