COMMONWEALTH v. DELANEY


442 Mass. 604 (2004)

COMMONWEALTH v. JOHN DELANEY.

Supreme Court of Massachusetts, Suffolk.

September 2, 2004.


Attorney(s) appearing for the Case

David J. Nathanson, Committee for Public Counsel Services, for the defendant.

Donna Jalbert Patalano, Assistant District Attorney, for the Commonwealth.

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


SOSMAN, J.

The defendant was convicted of armed assault with intent to kill (on an indictment charging armed assault with intent to murder) and assault and battery by means of a dangerous weapon. On direct appeal and in his motion for a new trial, the defendant asserted numerous errors, in particular a claim that his rights under art. 12 of the Massachusetts Declaration of Rights had been violated when the prosecutor introduced evidence of his "refusal" to submit...

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