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Com. v. Rollins9/12/2003
See Commonwealth v. Graves, 35 Mass.App.Ct. 76, 83-84, 616 N.E.2d 817 (1993).
*913 b. Constitutional implication. The strength of the Commonwealth's case is also the answer to the defendant's constitutional concern, for it seems to have been decided at an early date that the right of a defendant to refrain from calling conceivably exculpatory witnesses free from adverse inference "is not within the protection of the Constitution" where, as **594 here, the Commonwealth has presented a strong case against the defendant. Commonwealth v. Finnerty, 148 Mass. 162, 167, 19 N.E. 215 (1889). See Commonwealth v. Thomas, supra at 153-154, 706 N.E.2d 669.
Judgment affirmed.
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