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COMMONWEALTH v. RODRIGUEZ

No. 97-P-2051.

50 Mass. App. Ct. 405 (2000)

COMMONWEALTH v. JOSE RODRIGUEZ.

Court of Appeals of Massachusetts, Norfolk.

November 3, 2000.

Attorney(s) appearing for the Case

Patricia A. O'Neill, Committee for Public Counsel Services, for the defendant.

Robert C. Cosgrove, Assistant District Attorney, for the Commonwealth.

Present: JACOBS, LAURENCE, & BECK, JJ.

BECK, J.

In an opinion known for setting out model jury instructions for identification, the Supreme Judicial Court reversed the defendant's 1977 conviction of rape, and assault and battery with a dangerous weapon, and ordered a new trial. Commonwealth v. Rodriguez, 378 Mass. 296 (1979). Released on bail following the opinion, the defendant did not appear on the date set for his new trial. By the time he was apprehended...

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