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COMMONWEALTH v. MITCHELL

15 Mass. App. Ct. 577 (1983)

447 N.E.2d 17

COMMONWEALTH vs. JAMES MITCHELL.

Appeals Court of Massachusetts, Middlesex.

April 1, 1983.

Attorney(s) appearing for the Case

Daniel E. Callahan for the defendant.

Jeffrey A. Newman, Assistant District Attorney, for the Commonwealth.

Present: GRANT, KAPLAN, & GREANEY, JJ.

KAPLAN, J.

James Mitchell was tried in May, 1978, on a charge of distributing heroin on February 2, 1978. The jury brought in a verdict of not guilty. Some nineteen months later, in December, 1979, Mitchell was indicted for perjury (G.L.c. 268, § 1)1 committed by him at that trial,2 in that he falsely stated on oath, when testifying as a witness in his own behalf, that he was the father of four children...

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