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COMMONWEALTH v. MITCHELL

367 Mass. 419 (1975)

326 N.E.2d 6

COMMONWEALTH vs. JAMES MITCHELL.

Supreme Judicial Court of Massachusetts, Suffolk.

April 16, 1975.

Attorney(s) appearing for the Case

Richard M. Lane for the defendant.

Thomas J. Mundy, Jr., Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & HENNESSEY, JJ.

REARDON, J.

The defendant was indicted for indecent assault and battery on a child under fourteen years of age, and for assault with intent to rape, and was found guilty on the indecent assault and battery charge. The cases were taken under G.L.c. 278, §§ 33A-33G. He is here on assignments of error to which we will make brief allusion.

1. It appears that following the seating of prospective jurors the judge...

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