COMMONWEALTH v. CUFFIE

No. 91-P-729.

33 Mass. App. Ct. 212 (1992)

597 N.E.2d 1069

COMMONWEALTH vs. CHARLES CUFFIE, THIRD.

Appeals Court of Massachusetts, Hampden.

August 21, 1992.


Attorney(s) appearing for the Case

Brownlow M. Speer, Committee for Public Counsel Services, for the defendant.

Judith Ellen Pietras, Assistant District Attorney, for the Commonwealth.

Present: KASS, JACOBS, & GILLERMAN, JJ.


KASS, J.

An earlier trial of this case ended in a declaration of mistrial because a juror had independently visited the scene of the crime. Although the judge at the second trial had taken pains to instruct the jury that they were not to explore the site where the crime had occurred, there was reason to apprehend that lightning had struck again. After the jury in the second trial returned their verdicts, a juror asked to see the judge and reported to him in chambers...

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