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COMMONWEALTH v. SMITH

414 Mass. 437 (1993)

608 N.E.2d 1018

COMMONWEALTH vs. ANTHONY SMITH.

Supreme Judicial Court of Massachusetts, Essex.

March 3, 1993.

Attorney(s) appearing for the Case

Willie J. Davis (Marie Elena Saccoccio with him) for the defendant.

Margaret J. Perry, Assistant District Attorney, for the Commonwealth.

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

O'CONNOR, J.

This appeal presents Federal and State constitutional challenges to Mass. R. Crim. P. 5 (g), 378 Mass. 850 (1979), which provides with respect to grand jury proceedings that "[t]he prosecuting attorney shall not be present during deliberation and voting except at the request of the grand jury" (emphasis added). The defendant, who was convicted of assault and battery and unarmed robbery after a trial by jury, contends that his constitutional rights...

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