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COMMONWEALTH v. LOWDER

432 Mass. 92 (2000)

COMMONWEALTH v. RICHARD LOWDER.

Supreme Judicial Court of Massachusetts, Bristol.

July 10, 2000.

Attorney(s) appearing for the Case

John D. Moses, Assistant District Attorney, for the Commonwealth.

Paul J. Machado for the defendant.

Present: MARSHALL, C.J., ABRAMS, GREANEY, IRELAND, SPINA, & COWIN, JJ.

SPINA, J.

At the trial of this criminal case, the trial judge entered findings of not guilty shortly after the prosecutor delivered his opening statement to the jury. We are asked to decide whether the judge acted within his authority. We conclude that judges have the power to enter findings of not guilty at the early stages of trial, that they should exercise this power only rarely, and that the judge abused his discretion...

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