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COMMONWEALTH v. CHARLES

428 Mass. 672 (1999)

COMMONWEALTH v. JEAN W. CHARLES.

Supreme Judicial Court of Massachusetts, Middlesex.

January 15, 1999.

Attorney(s) appearing for the Case

Maxine Sushelsky for the defendant.

Lee Hettinger, Assistant Attorney General, for the Commonwealth.

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

GREANEY, J.

The defendant was convicted by a jury on four indictments charging motor vehicle insurance fraud (two indictments), G. L. c. 266, § 111B, and larceny over $250 (two indictments), G. L. c. 266, § 30. The defendant's primary claim on appeal is that the judge erred in admitting statements of an absent witness, a coventurer in the crimes charged against the defendant, as a "declaration against penal interest...

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