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COMMONWEALTH v. AVILA

454 Mass. 744 (2009)

COMMONWEALTH v. HECTOR GUERRERO AVILA.

Supreme Judicial Court of Massachusetts, Essex.

September 15, 2009.

Attorney(s) appearing for the Case

Chrystal A. Murray for the defendant.

Catherine Langevin Semel, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., IRELAND, CORDY, BOTSFORD, & GANTS, JJ.

BOTSFORD, J.

A jury convicted the defendant, Hector Guerrero Avila, of murder in the first degree on the theories of premeditation and extreme atrocity or cruelty and possession of a firearm without a license. On appeal, the defendant argues that the judge erred (1) in admitting testimonial and documentary evidence that had been introduced by the Commonwealth to rebut a defense based on the allegedly inadequate police investigation (Bowden defense

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