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COMMONWEALTH v. CHILDS

No. 90-P-267.

31 Mass. App. Ct. 64 (1991)

575 N.E.2d 65

COMMONWEALTH vs. THOMAS CHILDS.

Appeals Court of Massachusetts, Suffolk.

July 17, 1991.

Attorney(s) appearing for the Case

D. Lloyd Macdonald (James L. Bryant with him) for the defendant.

Brian J. Carney, Assistant District Attorney, for the Commonwealth.

Present: KASS, FINE, & IRELAND, JJ.

IRELAND, J.

This case comes to us after two trials and involves the admission of testimony given in the first trial by a witness whom the court declared "unavailable" in the second trial. After the defendant was found guilty of murder in the second degree, we reversed on the basis of ineffective assistance of counsel.1 In the second trial, the judge admitted the prior recorded testimony...

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