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COMMONWEALTH v. McQUADE

No. 96-P-1478.

46 Mass. App. Ct. 827 (1999)

COMMONWEALTH v. SCOTT MCQUADE.

Court of Appeals of Massachusetts, Suffolk.

May 25, 1999.

Attorney(s) appearing for the Case

Robert J. Wheeler, Jr., for the defendant.

Ellyn H. Lazar-Moore, Special Assistant Attorney General, for the Commonwealth.

Present: LAURENCE, KAPLAN, & DREBEN, JJ.

LAURENCE, J.

The defendant, Scott McQuade, was convicted in November, 1995, by a Suffolk County jury of eleven counts of arson and malicious destruction of property. In his direct appeal, his principal arguments are that the trial judge erred in (1) allowing the Commonwealth to introduce statements made by two of his alleged coventurers to police during interviews in which they gave what the prosecution characterized as false alibis; (2) giving a missing witness instruction...

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