COMMONWEALTH v. BROOKINS


416 Mass. 97 (1993)

617 N.E.2d 621

COMMONWEALTH vs. LAMONT BROOKINS.

Supreme Judicial Court of Massachusetts, Suffolk.

August 11, 1993.


Attorney(s) appearing for the Case

Brownlow M. Speer, Committee for Public Counsel Services (Bruce R. Bono, Committee for Public Counsel Services, with him) for the defendant.

Paul B. Linn, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.


O'CONNOR, J.

The defendant appealed to the Appeals Court from his convictions of assault by means of a dangerous weapon and unlawfully carrying a firearm. He also appealed from the denial of his motion for a new trial of both indictments. The Appeals Court reversed the convictions and set aside the verdicts after concluding, on the basis of affidavits, that, in support of his motion for a new trial based on a key witness's failure to appear, the defendant had "made...

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