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COMMONWEALTH v. KINDELL

No. 12-P-987.

84 Mass. App. Ct. 183 (2013)

COMMONWEALTH v. GINA KINDELL.

Appeals Court of Massachusetts, Suffolk.

August 21, 2013.

Attorney(s) appearing for the Case

Anne Ravaud Kealy for the defendant.

Cailin M. Campbell , Assistant District Attorney ( Spencer Lord , Assistant District Attorney, with her) for the Commonwealth.

Present: HANLON, BROWN, & AGNES, JJ.

AGNES, J.

The defendant, Gina Kindell, was found guilty of the lesser included offense of assault and battery after a trial by jury on a complaint charging her with assault and battery by means of a dangerous weapon. She raises several issues on appeal, but only one requires discussion. For the reasons that follow, there must be a new trial because the defendant was deprived of the right to cross-examine the Commonwealth...

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