COMMONWEALTH v. BACIGALUPO

No. 97-P-1754.

49 Mass. App. Ct. 629 (2000)

COMMONWEALTH v. RICARDO BACIGALUPO.

Court of Appeals of Massachusetts, Hampden.

July 12, 2000.


Attorney(s) appearing for the Case

John M. Thompson for the defendant.

Brett J. Vottero, Assistant District Attorney, for the Commonwealth.

Present: WARNER, C.J., SMITH, & GILLERMAN, JJ.


SMITH, J.

On December 29, 1995, a Hampden County grand jury returned an indictment charging the defendant with murder in the first degree. After a jury trial on September 11, 1996, he was convicted of murder in the second degree.

On appeal, the defendant claims that the judge committed error by (1) answering a question from the deliberating jury out of the presence of counsel and the defendant and without consulting counsel before responding; (2) ordering...

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