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COMMONWEALTH v. KINDELL

No. 12-P-987.

84 Mass. App. Ct. 183 (2013)

COMMONWEALTH v. GINA KINDELL.

Appeals Court of Massachusetts, Suffolk.

August 21, 2013.

Attorney(s) appearing for the Case

Anne Ravaud Kealy for the defendant.

Cailin M. Campbell, Assistant District Attorney (Spencer Lord, Assistant District Attorney, with her) for the Commonwealth.

Present: HANLON, BROWN, & AGNES, JJ.

AGNES, J.

The defendant, Gina Kindell, was found guilty of the lesser included offense of assault and battery after a trial by jury on a complaint charging her with assault and battery by means of a dangerous weapon. She raises several issues on appeal, but only one requires discussion. For the reasons that follow, there must be a new trial because the defendant was deprived of the right to cross-examine the Commonwealth...

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