COMMONWEALTH v. BUCKLEY


17 Mass. App. Ct. 373 (1984)

458 N.E.2d 781

COMMONWEALTH vs. GERALD B. BUCKLEY, JR.

Appeals Court of Massachusetts, Essex.

January 13, 1984.


Attorney(s) appearing for the Case

Kimberly Homan (Elizabeth A. Lunt with her) for the defendant.

Lila Heideman, Assistant District Attorney, for the Commonwealth.

Present: GRANT, KASS, & WARNER, JJ.


KASS, J.

Two years elapsed before the defendant, Buckley, moved for a new trial after conviction by a jury of rape and assault and battery by means of a dangerous weapon. That time interval engenders an initial skepticism about the defendant's argument, made in his brief, that his "trial was a mockery of justice" which deprived "the defendant of the serious attention his fate deserved and [permitted] extraneous influences to impinge fatally upon the jury's deliberative...

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