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COMMONWEALTH v. BARNES

369 Mass. 462 (1976)

340 N.E.2d 863

COMMONWEALTH vs. MICHELLE BARNES.

Supreme Judicial Court of Massachusetts, Hampshire.

January 6, 1976.

Attorney(s) appearing for the Case

Margaret D. McGaughey for the defendant.

Stephen R. Kaplan, Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., QUIRICO, BRAUCHER, HENNESSEY, & KAPLAN, JJ.

BRAUCHER, J.

The defendant was convicted of breaking and entering a building with intent to commit a felony and of being an accessory after the fact to murder. She appeals under G.L.c. 278, §§ 33A-33G, and argues that verdicts of not guilty should have been directed on both charges. We hold: (1) The evidence presented a jury issue whether the defendant was the wife of the principal murderer, entitled to a defense of affinity under G.L.c. 274, § 4,

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