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COMMONWEALTH v. CURTISS

424 Mass. 78 (1997)

COMMONWEALTH v. DAVID P. CURTISS.

Supreme Judicial Court of Massachusetts, Berkshire.

January 9, 1997.

Attorney(s) appearing for the Case

Patricia A. O'Neill for the defendant.

Eric Neyman, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., ABRAMS, LYNCH, O'CONNOR, GREANEY, FRIED, & MARSHALL, JJ.

ABRAMS, J.

Convicted of rape and indecent assault and battery, the defendant appealed to the Appeals Court. A divided panel of the Appeals Court determined that the judge erroneously disallowed the defendant's peremptory challenge to a black man on the venire where the complainant was black and the defendant white. The Appeals Court ordered a new trial. Commonwealth v. Curtiss, 40 Mass.App.Ct. 350 (1996). We allowed the Commonwealth's application for...

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