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COMMONWEALTH v. CANCEL

394 Mass. 567 (1985)

476 N.E.2d 610

COMMONWEALTH vs. RAPHAEL CANCEL.

Supreme Judicial Court of Massachusetts, Hampden.

April 17, 1985.

Attorney(s) appearing for the Case

Jane Larmon White, Committee for Public Counsel Services, for the defendant.

William T. Walsh, Jr., Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.

LYNCH, J.

The defendant was convicted by a jury of burning a dwelling house, G.L.c. 266, § 1. The Appeals Court summarily reversed the judgment of conviction based on the improper admission in evidence of a witness's hearsay statement. Commonwealth v. Cancel, 18 Mass.App.Ct. 1114 (1984). We allowed the Commonwealth's application for further appellate review.

Citing three errors of law, the defendant...

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