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COMMONWEALTH v. CARROLL

439 Mass. 547 (2003)

COMMONWEALTH v. CHRIS CARROLL.

Supreme Judicial Court of Massachusetts, Suffolk.

June 13, 2003.

Attorney(s) appearing for the Case

Tanis M. Yannetti for the defendant.

Christina E. Miller, Assistant District Attorney (John P. Pappas, Assistant District Attorney, with him) for the Commonwealth.

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

SPINA, J.

The defendant was indicted for mayhem and assault and battery by means of a dangerous weapon (a shod foot) in connection with a beating in Chelsea on February 9, 1997. The defendant's first trial ended in a mistrial after the jury reported that they were unable to reach a verdict. The defendant was retried1 and found not guilty of mayhem but guilty of assault and battery by means of a dangerous weapon.

On appeal the defendant...

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