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SMITH v. COMMONWEALTH

420 Mass. 291 (1995)

DENNIS SMITH vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

May 9, 1995.

Attorney(s) appearing for the Case

Gordon E. Feener for the defendant.

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

Stephen A. Jonas & Ozell Hudson, Jr., for Lawyers' Committee for Civil Rights Under Law of the Boston Bar Association & others, amici curiae, submitted a brief.

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

LIACOS, C.J.

After having been convicted of various drug offenses in a jury-waived session of the Chelsea Division of the District Court Department1 in July, 1993, Dennis Smith, whom we shall call the defendant, exercised his then-existing right to a de novo trial before a jury of six.2 Pursuant to an order of the Chief Justice of the District Court Department, the...

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