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COMMONWEALTH v. VIUST

No. 12-P-344.

84 Mass. App. Ct. 308 (2013)

COMMONWEALTH v. JOHN A. VIUST, JR.

Appeals Court of Massachusetts, Barnstable.

September 30, 2013.

Attorney(s) appearing for the Case

Robert Herrick for the defendant.

Elizabeth A. Sweeney , Assistant District Attorney, for the Commonwealth.

Present: TRAINOR, AGNES, & SULLIVAN, JJ.

AGNES, J.

During the murder trial of Robert B. Vacher, John A. Viust, Jr., was called by the Commonwealth as a witness. Viust had the assistance of counsel. After hearing from Viust's counsel, the judge explained the law to Viust, and warned him that he would be found in contempt if he did not testify. Viust refused to testify. The judge found him in summary contempt under Mass.R.Crim.P. 43, 378 Mass. 919 (1979) (rule 43). For the reasons that follow, we affirm the...

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