COMMONWEALTH v. DeMINICO


408 Mass. 230 (1990)

557 N.E.2d 744

COMMONWEALTH vs. JOSEPH C. DeMINICO.

Supreme Judicial Court of Massachusetts, Plymouth.

August 8, 1990.


Attorney(s) appearing for the Case

Charles W. Rankin for the defendant.

Mary O'Sullivan Smith, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., ABRAMS, NOLAN, O'CONNOR, & GREANEY, JJ.


ABRAMS, J.

The defendant, Joseph C. DeMinico, was convicted by a jury of murder in the first degree and armed robbery. He appeals, alleging error in the judge's refusal to declare a mistrial on the fifth day of trial, because the defendant allegedly then was incompetent to stand trial. He also alleges that his right to testify was violated because his trial counsel did not permit him to testify in his own defense in spite of the defendant's desire to do so. The defendant...

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