COMMONWEALTH v. NICOLL


452 Mass. 816 (2008)

COMMONWEALTH v. NEIL S. NICOLL.

Supreme Judicial Court of Massachusetts, Hampshire.

December 23, 2008.


Attorney(s) appearing for the Case

Judith Ellen Pietras, Assistant District Attorney, for the Commonwealth.

Charles K. Stephenson (Barbara J. Sweeney with him) for the defendant.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.


CORDY, J.

On May 17, 2006, a District Court judge empanelled a jury of six to try Neil S. Nicoll on a complaint for operating a vehicle under the influence of alcohol. No additional jurors were empanelled.2 After the trial began, one juror realized that he recognized the first witness, a police officer, and informed the trial judge that he might not be able to be impartial. After examining the...

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