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COMMONWEALTH v. WHITE

No. 01-P-410.

60 Mass. App. Ct. 193 (2003)

COMMONWEALTH v. CEDRIC F. WHITE.

Appeals Court of Massachusetts, Worcester.

December 18, 2003.

Attorney(s) appearing for the Case

Robert D. Dimler for the defendant.

Beth R. Levenson, Special Assistant District Attorney, for the Commonwealth.

Present: RAPOZA, COWIN, & BERRY, JJ.

BERRY, J.

A principal issue in this appeal involves whether joinder of indictments, originally proper under Mass.R.Crim.P. 9(a), 378 Mass. 859 (1979),2 was ultimately rendered "not in the best interests of justice" under Mass.R.Crim.P. 9(d), 378 Mass. 860 (1979),3 because it was the very conjunction of the indictments joined for trial which, it is contended, provided a means for introduction of prior bad act...

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