COMMONWEALTH v. CUTTY

No. 98-P-218.

47 Mass. App. Ct. 671 (1999)

COMMONWEALTH v. KENNETH CUTTY.

Court of Appeals of Massachusetts, Suffolk.

September 7, 1999.


Attorney(s) appearing for the Case

J. Gregory Batten for the defendant.

Christopher Pohl, Assistant District Attorney, for the Commonwealth.

Present: GREENBERG, LAURENCE, & BECK, JJ.


LAURENCE, J.

On appeal from his May, 1997, convictions for assault and battery and threatening to commit a crime, the defendant contends that the trial judge committed reversible error in ordering defense counsel not to argue the defendant's alibi defense (that he was in Florida at the time the offenses occurred in Boston) in his summation to the jury. The judge's rationale for that order was to penalize the defendant for failure to comply with the "notice of alibi...

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