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COMMONWEALTH v. THOMPSON

23 Mass. App. Ct. 114 (1986)

502 N.E.2d 541

COMMONWEALTH vs. DOYLE THOMPSON.

Appeals Court of Massachusetts, Worcester.

November 7, 1986.

Attorney(s) appearing for the Case

Carlo A. Obligato, Committee for Public Counsel Services, for the defendant.

Harry D. Quick, III, Assistant District Attorney, for the Commonwealth.

Present: GRANT, KASS, & WARNER, JJ.

WARNER, J.

In Commonwealth v. Buiel, 391 Mass. 744, 746-747 (1984), the court announced, as "a statement of the law of the Commonwealth" for future cases, "that it will be reversible error if a judge instructs the jury concerning a defendant's right not to testify when the defendant has requested that no such instruction be given." The sole question presented by this appeal is whether the giving of such an instruction...

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