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COMMONWEALTH v. CASH

No. 03-P-768.

64 Mass. App. Ct. 812 (2005)

COMMONWEALTH v. EARL N. CASH.

Appeals Court of Massachusetts, Barnstable.

October 21, 2005.

Attorney(s) appearing for the Case

Elizabeth Doherty for the defendant.

J. Thomas Kirkman, Assistant District Attorney, for the Commonwealth.

Present: Laurence, Cohen, & Katzmann, JJ.

COHEN, J.

A Superior Court jury found the defendant guilty of mayhem (G. L. c. 265, § 14) and assault and battery by means of a dangerous weapon (G. L. c. 265, § 15A), arising from a fight during which the victim, Rosario Alaniz, was attacked with a knife. The primary issue at trial was whether the defendant, who did not dispute being present at the fight, was the individual who wounded the victim. Before...

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