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COMMONWEALTH v. MARTELL

407 Mass. 288 (1990)

553 N.E.2d 219

COMMONWEALTH vs. ANDRE E. MARTELL, JR.

Supreme Judicial Court of Massachusetts, Berkshire.

April 26, 1990.

Attorney(s) appearing for the Case

Michael J. Ripps for the defendant.

Anne M. Kendall, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & GREANEY, JJ.

GREANEY, J.

We are concerned on this appeal with the defendant's claim that he was convicted by a less than unanimous jury. The problem came about as follows. The defendant was tried before a jury of six in a District Court on a charge of operating a motor vehicle while under the influence of intoxicating liquor. The trial judge instructed the jury between 3 P.M. and 3:30 P.M. on June 29, 1988, and sent them to deliberate...

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