Commonwealth v. Swan

Convicted by a jury of six in the District Court of larceny of property over $250 (G. L. c. 266, § 30),1 the defendant’s appeal is based on the ground that he was denied effective assistance of counsel. We agree with the defendant and reverse.

While most of the facts as to the events leading up to the issuance of the complaint against the defendant are not in *540dispute, a few crucial ones are. The defendant’s case included his own testimony that on September 27, 1989, he called the Spartan Brake and Muffler Shop (Spartan) to check the price for a brake repair. He told an unidentified employee of…