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COMMONWEALTH v. TAYLOR

No. 91-P-1257.

33 Mass. App. Ct. 655 (1992)

604 N.E.2d 40

COMMONWEALTH vs. WARREN E. TAYLOR, THIRD.

Appeals Court of Massachusetts, Plymouth.

December 3, 1992.

Attorney(s) appearing for the Case

William R. Hill, Jr., Committee for Public Counsel Services, for the defendant.

Robert C. Thompson, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, FINE, & GILLERMAN, JJ.

GILLERMAN, J.

In 1986, and until sometime in 1987, Helen Jones,1 then aged six, lived at home with her mother, her younger sister and her mother's second husband, the defendant. As a result of the events described below, the defendant, was convicted by a jury of the rape of Helen, a child under the age of sixteen. The defendant appeals, claiming error when the judge discharged an empanelled juror who did

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