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COMMONWEALTH v. DYKENS

438 Mass. 827 (2003)

COMMONWEALTH v. TIMOTHY DYKENS.

Supreme Judicial Court of Massachusetts, Essex.

March 14, 2003.

Attorney(s) appearing for the Case

Bernard Grossberg (Matthew Price with him) for the defendant.

Gregory I. Massing, Assistant District Attorney, for the Commonwealth.

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

COWIN, J.

The defendant was convicted by a jury of murder in the first degree on the theories of deliberate premeditation and extreme atrocity or cruelty.1 He was also convicted of kidnapping and attempted aggravated rape (aggravated by kidnapping, serious bodily injury, and joint venture). On appeal, he claims that the trial judge erred by permitting the jurors to take notes during only a portion of the jury charge, by failing to give...

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