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COMMONWEALTH v. MATTHEWS

No. 98-P-2003.

49 Mass. App. Ct. 365 (2000)

COMMONWEALTH v. GERMAINE MATTHEWS.

Court of Appeals of Massachusetts, Suffolk.

June 8, 2000.

Attorney(s) appearing for the Case

Jennifer M. Staples for the defendant.

Dean A. Mazzone, Assistant District Attorney, for the Commonwealth.

Present: JACOBS, PORADA, & GREENBERG, JJ.

GREENBERG, J.

A jury in the Superior Court found the defendant guilty of assault and battery by means of a dangerous weapon. On the morning of the last day of trial, the prosecutor notified the judge and defense counsel that she wanted a "missing witness" instruction. The judge instructed the jury conformably with the language approved in Commonwealth v. Graves, 35 Mass.App.Ct. 76, 80 n.6 (1993).

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