Commonwealth v. Housewright
Annotate this CaseAfter a jury trial, Defendant was convicted of intimidating a witness, carrying a firearm without a license, discharging a firearm within 500 feet of a building, and assault by means of a dangerous weapon. The Supreme Judicial Court vacated the convictions and remanded for a new trial, holding that the trial judge (1) did not abuse his discretion in admitting two photographs of a handgun that looked like the unrecovered handgun fired by Defendant; (2) did not err in denying Defendant’s motion for a required finding of not guilty; but (3) erred in allowing the Commonwealth to present a witness’s prior recorded testimony without sufficient proof of the witness’s unavailability, and the error was not harmless beyond a reasonable doubt.
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