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COMMONWEALTH v. GARRITY

No. 95-P-2183.

43 Mass. App. Ct. 349 (1997)

COMMONWEALTH v. THOMAS E. GARRITY, THIRD.

Court of Appeals of Massachusetts, Middlesex.

August 12, 1997.

Attorney(s) appearing for the Case

Irving Marmer for the defendant.

Rosemary Daly, Assistant District Attorney, for the Commonwealth.

Present: WARNER, C.J., KASS, & JACOBS, JJ.

WARNER, C.J.

A Superior Court jury convicted the defendant of fiduciary embezzlement (G. L. c. 266, § 57). On appeal, he argues that the indictment was defective due to the Commonwealth's failure to present potentially exculpatory evidence to the grand jury. He also claims that the trial judge erred in denying his motion for a required finding of not guilty and that the instructions on fiduciary embezzlement...

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