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COMMONWEALTH v. THERRIEN

428 Mass. 607 (1998)

COMMONWEALTH v. ARMAND R. THERRIEN.

Supreme Judicial Court of Massachusetts, Norfolk.

December 29, 1998.

Attorney(s) appearing for the Case

Richard L. Goldman for the defendant.

Robert C. Cosgrove, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

ABRAMS, J.

The defendant, Armand R. Therrien, appeals from a denial of his fifth motion for a new trial, which raises the issue of the judge's instructions in light of Cage v. Louisiana, 498 U.S. 39 (1990). A single justice allowed the defendant's application for leave to appeal from the order denying his motion for a new trial. See Commonwealth v. Ambers, 397 Mass. 705

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