State v. Hanscom
Annotate this CaseAfter a jury trial, Defendant was convicted of two counts of unlawful sexual contact. The trial court imposed concurrent sentences of three years’ imprisonment with all but fifteen months suspended and eight years of probation. Defendant appealed, arguing that the trial court erred by rejecting Defendant’s request for a specific unanimity instruction and that the State made improper statements in its closing argument that, even in the absence of an objection, warranted a new trial. The Supreme Judicial Court vacated the judgment, holding (1) the omission of the specific unanimity instruction was prejudicial to Defendant; and (2) the State made improper comments to the jury during closing argument. Remanded for a new trial.
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