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COMMONWEALTH v. PORCHER

No. 88-P-171.

26 Mass. App. Ct. 517 (1988)

529 N.E.2d 1348

COMMONWEALTH vs. BERTELL PORCHER, JR.

Appeals Court of Massachusetts, Essex.

November 7, 1988.

Attorney(s) appearing for the Case

Regina Zupan, Committee for Public Counsel Services, for the defendant.

David A. Grossbaum, Assistant District Attorney, for the Commonwealth.

Present: KASS, CUTTER, & SMITH, JJ.

KASS, J.

On the morning of trial, defense counsel notified the government that a Tim Horgan would be present in court, prepared to testify as an alibi witness. Refusal by the trial judge to permit Horgan to testify is the principal ground of appeal. We decide that the trial judge was warranted in rejecting the eleventh-hour alibi witness. There are subsidiary appellate issues concerning the jury instructions and...

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