COMMONWEALTH v. HARRIS


409 Mass. 461 (1991)

567 N.E.2d 899

COMMONWEALTH vs. STACEY HARRIS.

Supreme Judicial Court of Massachusetts, Middlesex.

March 6, 1991.


Attorney(s) appearing for the Case

Willie J. Davis for the defendant.

Judy G. Zeprun, Assistant Attorney General, for the Commonwealth.

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


GREANEY, J.

We granted further appellate review to determine whether the prosecutor improperly used a peremptory challenge to exclude the sole black person from the venire from which the trial jury was picked for the defendant's trial. A divided panel of the Appeals Court concluded that the judge did not abuse his discretion in allowing the challenge. See 28 Mass.App.Ct. 724, 728 (1990). We disagree, and conclude that...

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