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COMMONWEALTH v. POWERS

21 Mass. App. Ct. 570 (1986)

488 N.E.2d 430

COMMONWEALTH vs. RICHARD L. POWERS, JR.

Appeals Court of Massachusetts, Hampshire.

February 5, 1986.

Attorney(s) appearing for the Case

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

Stephen R. Kaplan for the defendant.

Present: GREANEY, C.J., PERRETTA, & KASS, JJ.

PERRETTA, J.

After completing deliberations on a complaint charging the defendant with operating a motor vehicle while under the influence of intoxicating liquor, the jury advised that they had reached a verdict. As announced by the foreperson, the verdict was guilty. Because the verdict slip given to the clerk indicated that the verdict was not guilty, the clerk, as instructed by the judge, asked, "[D]o you jurors...

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