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COMMONWEALTH v. CALDWELL

No. 96-P-1634.

45 Mass. App. Ct. 42 (1998)

COMMONWEALTH v. EDWARD CALDWELL.

Court of Appeals of Massachusetts, Hampden.

June 9, 1998.

Attorney(s) appearing for the Case

Richard A. Davidson, Jr., for the defendant.

Jennifer S. Brand, Assistant District Attorney, for the Commonwealth.

Present: GREENBERG, DREBEN, & LENK, JJ.

LENK, J.

This appeal arises from the defendant's conviction, by a District Court jury, of distribution of a class B substance, G. L. c. 94C, § 32A(a), and of distribution within a school zone, G. L. c. 94C, § 32J. The defendant claims that the judge erred in dismissing one of the deliberating jurors for cause in the defendant's absence at the G. L. c. 234, § 26B,1 hearing. Immediately upon learning of this action, the defendant...

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