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COMMONWEALTH v. PHETSAYA

No. 94-P-1316.

40 Mass. App. Ct. 293 (1996)

COMMONWEALTH vs. SOMVANG PHETSAYA.

Appeals Court of Massachusetts, Middlesex.

April 17, 1996.

Attorney(s) appearing for the Case

Alison M. Takacs, Assistant District Attorney, for the Commonwealth.

Stanley W. Norkunas for the defendant.

Present: PERRETTA, SMITH, & IRELAND, JJ.

SMITH, J.

The defendant was convicted at a bench trial of unlawful possession of a firearm and unlawful possession of ammunition. He was found not guilty of possession of an altered firearm. He appealed to the jury-of-six session.

On December 14, 1993, trial commenced before a judge and a jury. After the Commonwealth and defendant rested, the judge declared a mistrial on the ground that defense counsel was...

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