COMMONWEALTH v. KERR


409 Mass. 284 (1991)

565 N.E.2d 1201

COMMONWEALTH vs. WILLIAM KERR.

Supreme Judicial Court of Massachusetts, Middlesex.

January 30, 1991.


Attorney(s) appearing for the Case

Frank J. McGee for the defendant.

Richard D. Grundy, Assistant District Attorney (Catherine E. Sullivan, Assistant District Attorney, with him) for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.


NOLAN, J.

On September 1, 1988, the defendant, formerly a police officer with the Malden police department, was found guilty of violating G.L.c. 265, § 25 (1988 ed.), when he "did, as a police officer, verbally, maliciously and unlawfully use or threaten to use against James J. Sullivan, the power [or] authority vested in him, with the intent to compel Mr. Sullivan to do any act against his will." At the close of all of the evidence the defendant moved for a...

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