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COMMONWEALTH v. O'CLAIR

374 Mass. 759 (1978)

374 N.E.2d 1212

COMMONWEALTH vs. DAVID A. O'CLAIR.

Supreme Judicial Court of Massachusetts, Worcester.

April 5, 1978.

Attorney(s) appearing for the Case

Thomas Hoffman for the defendant.

Daniel F. Toomey, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & ABRAMS, JJ.

QUIRICO, J.

This is the last of three cases decided today involving G.L.c. 278, § 24, which authorizes the entry of default and imposition of sentence on a defendant who, having entered an appeal from a conviction in a District Court, fails to appear for trial in the Superior Court. The factual background of this case, however, is substantially more complex than that of the other two cases, viz., Commonwealth v. Bartlett, ante 744 (1978), and

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