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COMMONWEALTH v. TANSO

411 Mass. 640 (1992)

583 N.E.2d 1247

COMMONWEALTH vs. PAUL TANSO.

Supreme Judicial Court of Massachusetts, Suffolk.

January 14, 1992.

Attorney(s) appearing for the Case

F. Lee Bailey (Kenneth J. Fishman & Peter Charles Horstmann with him) for the defendant.

Jane A. Sullivan, Assistant District Attorney, for the Commonwealth.

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

ABRAMS, J.

The defendant, Paul Tanso, appeals from two convictions of murder in the first degree.1 The main issue on appeal is the trial judge's admission in evidence, over objection, of the deposition testimony of an unavailable witness who had not been cross-examined. For the reasons stated in this opinion, we conclude that the defendant did not waive his right to cross-examine the witness. Therefore, the admission of the deposition...

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