COMMONWEALTH v. BRAZIE

No. 05-P-426.

66 Mass. App. Ct. 315 (2006)

COMMONWEALTH v. VIRGIL L. BRAZIE.

Appeals Court of Massachusetts, Berkshire.

May 23, 2006.


Attorney(s) appearing for the Case

William A. Korman for the defendant.

Joseph A. Pieropan, Assistant District Attorney, for the Commonwealth, submitted a brief.

Present: Laurence, Berry, & Doerfer, JJ.


BERRY, J.

Given a violation of the defendant's constitutional right to confrontation, we reverse the judgment in this case, where the direct testimony of the defendant's younger daughter, named in one of two indictments joined for trial (the other indictment involved the rape of her older sister) was not stricken from the record, although there had been no opportunity for cross-examination by the defense. "[T]he...

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