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COMMONWEALTH v. MAILLET

400 Mass. 572 (1987)

511 N.E.2d 529

COMMONWEALTH vs. JOHN D. MAILLET.

Supreme Judicial Court of Massachusetts, Hampshire.

August 10, 1987.

Attorney(s) appearing for the Case

Stephen R. Kaplan (William St. James with him) for the defendant.

W. Michael Ryan, District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, LYNCH, & O'CONNOR, JJ.

LIACOS, J.

The defendant was tried before a jury in Hampshire County on an indictment charging murder in the first degree. On April 24, 1985, he was convicted of murder in the second degree. In this appeal, the defendant argues that (1) by permitting his wife to refuse to testify in his behalf, the judge erroneously allowed her claim of the spousal privilege, G.L.c. 233, § 20, Second (1984 ed.);1 and (2) the judge

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