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COMMONWEALTH v. O'BRIEN

No. 04-P-807.

65 Mass. App. Ct. 291 (2005)

COMMONWEALTH v. MICHAEL O'BRIEN.

Appeals Court of Massachusetts, Middlesex.

December 12, 2005.

Attorney(s) appearing for the Case

Robert F. Shaw, Jr., for the defendant.

Kevin J. Curtin, Assistant District Attorney, for the Commonwealth.

Present: Cowin, Dreben, & Graham, JJ.

COWIN, J.

A Superior Court jury found the defendant, Michael O'Brien, guilty of possession of cocaine with intent to distribute in violation of G. L. c. 94C, § 32A.1 On appeal, the defendant claims that the trial judge erred by giving supplemental instructions that led the jury wrongfully to believe that they were obligated to return a unanimous verdict one way or another, and that disagreement (and a possible mistrial) was not an...

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