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COMMONWEALTH v. STEWART

383 Mass. 253 (1981)

418 N.E.2d 1219

COMMONWEALTH vs. ROBERT E. STEWART.

Supreme Judicial Court of Massachusetts, Middlesex.

April 1, 1981.

Attorney(s) appearing for the Case

Peter G. DeGelleke for the defendant.

Robert M. Raciti, Assistant District Attorney, for the Commonwealth.

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

ABRAMS, J.

The defendant appeals from the denial of his motion for a new trial. Mass. R. Crim. P. 30, 378 Mass. 900 (1979).1 At issue is whether the defendant's motion raised a substantial issue requiring an evidentiary hearing. In his motion for a new trial, the defendant asserted that newly discovered evidence indicates the Commonwealth knowingly allowed its key witness to testify falsely that...

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