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COMMONWEALTH v. ACEN

396 Mass. 472 (1986)

487 N.E.2d 189

COMMONWEALTH vs. RICARDO ACEN, JR. COMMONWEALTH vs. ALBERTO PENABRIEL.

Supreme Judicial Court of Massachusetts, Suffolk.

January 6, 1986.

Attorney(s) appearing for the Case

Fred Hewitt Smith (Cynthia Smith with him) for the defendants.

Judy G. Zeprun, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & LYNCH, JJ.

LYNCH, J.

These appeals challenge the requirements of G.L.c. 234A, § 4 (1984 ed.), that jurors speak and understand English and that a jury be composed wholly of citizens of the United States. The defendants also challenge the notice to prospective jurors on the ground that that notice deprived the defendants of their right to a fair trial.1

The defendants' motions to dismiss raising these issues were denied.

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