COMMONWEALTH v. TEVLIN


433 Mass. 305 (2001)

COMMONWEALTH v. SCOTT TEVLIN.

Supreme Judicial Court of Massachusetts, Plymouth.

January 30, 2001.


Attorney(s) appearing for the Case

Michael J. Traft for the defendant.

Robert C. Thompson, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, & SOSMAN, JJ.


COWIN, J.

A Superior Court jury found the defendant guilty of three offenses: murder in the first degree based on felonymurder, armed robbery, and assault and battery by means of a dangerous weapon. On appeal, the defendant asserts the following: (1) the trial judge erred in denying his motion for a required finding of not guilty on the charge of armed robbery, because, in the circumstances of this case, as a matter of law, the use of a sneaker in the perpetration...

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