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eBook details

• Title: Commonwealth v. Jeffrey W. Kines
• Author : Appeals Court of Massachusetts
• Release Date : January 24, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Practice, Criminal, Comment by prosecutor, Fair trial. Evidence, Prior conviction. FINE, J. Several police officers accompanied a young woman to an apartment in Brookline to help her retrieve her baby who was in the apartment with the defendant and several others. The defendant is the baby's father. An argument began between the baby's mother and the defendant's girlfriend, one of those present in the apartment. There was evidence that, while they were arguing, the defendant hit one of the police officers. The defendant then retreated to his bedroom. The officers followed the defendant into the bedroom and told him he would be required to accompany them to the police station. A scuffle ensued lasting several minutes and producing a call by the police officers for backup. As a result of what happened in the bedroom, the defendant was charged with assault and battery, assault and battery on a police officer, and assault and battery with a deadly weapon (three counts). In his appeal from his convictions on all charges by a jury of six in the District Court, the defendant argues that the prosecutor 1 acted improperly in several respects and that the combined effect of those improprieties was to deprive him of a fair trial. The Commonwealth concedes that the prosecutor overstepped the bounds of propriety in some respects but contends that the errors, even in combination, do not warrant a new trial. In our view, the defendant is entitled to a new trial.

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