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AUCELLA v. COMMONWEALTH

406 Mass. 415 (1990)

548 N.E.2d 193

MICHAEL AUCELLA vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

January 10, 1990.

Attorney(s) appearing for the Case

Andrew Silverman, Committee for Public Counsel Services, for the defendant.

Kurt N. Schwartz, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & GREANEY, JJ.

LYNCH, J.

Michael Aucella (defendant) was tried in the Superior Court before a jury on indictments charging him with vehicular homicide (G.L.c. 90, § 24G [b] [1988 ed.]), and with leaving the scene of an accident after causing personal injury (G.L.c. 90, § 24 [2] [a] [1988 ed.]). At the close of the Commonwealth's case and again at the conclusion of all the evidence, the judge denied the defendant...

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