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COMMONWEALTH v. COBB

379 Mass. 456 (1980)

405 N.E.2d 97

COMMONWEALTH vs. DAVID A. COBB (and a companion case).

Supreme Judicial Court of Massachusetts, Barnstable.

January 9, 1980.

Attorney(s) appearing for the Case

Frederick C. Mycock for John Kevin Hurley.

Gary A. Nickerson & W. James O'Neill, Assistant District Attorneys, for the Commonwealth.

John Cavicchi, for David A. Cobb, submitted a brief.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, WILKINS, & LIACOS, JJ.

HENNESSEY, C.J.

A Superior Court jury returned guilty verdicts against the defendants, David A. Cobb and John Kevin Hurley, on indictments charging them with murder in the first degree of Vincent Wines. The defendants appeal, claiming several assignments of error, and also seek a reduction of the verdict or a new trial under G.L.c. 278, § 33E. We affirm the conviction of Cobb and reverse the conviction of Hurley, holding that he is entitled to a new trial because...

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