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COMMONWEALTH v. McGAHEE

393 Mass. 743 (1985)

473 N.E.2d 1077

COMMONWEALTH vs. OTIS C. McGAHEE.

Supreme Judicial Court of Massachusetts, Suffolk.

January 24, 1985.

Attorney(s) appearing for the Case

Daniel G. Harrington (Daniel J. Harrington with him) for the defendant.

Paul J. McCallum, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.

NOLAN, J.

The defendant, Otis C. McGahee, appeals from convictions entered October 21, 1983, on indictments charging murder in the first degree and armed robbery. The issues on appeal concern alleged errors in the grand jury proceedings, the admission of an unsubstantiated allegation of prior criminal activity, the trial judge's denial of the defendant's motion for a required finding of not guilty and a jury instruction regarding the presumption of innocence. The...

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