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COMMONWEALTH v. FOLEY

402 Mass. 703 (1988)

524 N.E.2d 1346

COMMONWEALTH vs. STEVEN FOLEY.

Supreme Judicial Court of Massachusetts, Essex.

June 30, 1988.

Attorney(s) appearing for the Case

Maureen B. Brodoff, Committee for Public Counsel Services, for the defendant.

Judith Fabricant, Special Assistant District Attorney (David W. Duncan, Assistant District Attorney, with her) for the Commonwealth.

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

NOLAN, J.

Following a trial by jury, the defendant was convicted of rape and sentenced to from nineteen and one-half years to twenty years' imprisonment. The defendant filed a timely notice of appeal. We transferred the case to this court on our own motion. We affirm the conviction.

The defendant raises two issues on appeal. The first involves the procedure employed by the trial judge in empanelling the jury. The...

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