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COMMONWEALTH v. BEATTIE

409 Mass. 458 (1991)

567 N.E.2d 206

COMMONWEALTH vs. DEXTER BEATTIE.

Supreme Judicial Court of Massachusetts, Essex.

March 5, 1991.

Attorney(s) appearing for the Case

Michael J. Traft for the defendant.

S. Jane Haggerty, Assistant District Attorney, for the Commonwealth.

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

WILKINS, J.

We granted further appellate review in this case (see Commonwealth v. Beattie, 29 Mass.App.Ct. 355 [1990]) to consider whether there was reversible error because the judge failed to instruct the jury in accordance with Commonwealth v. Grey, 399 Mass. 469, 474 (1987). The Grey case requires that, on request, where the evidence puts the issue...

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