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COMMONWEALTH v. MEDINA

380 Mass. 565 (1980)

COMMONWEALTH vs. ROBERTO MEDINA. COMMONWEALTH vs. ERASMO SOTO.

Supreme Judicial Court of Massachusetts, Suffolk.

April 7, 1980.

May 5, 1980.

Attorney(s) appearing for the Case

James A. O'Donovan for Roberto Medina.

Richard A. Gordon (James A. O'Donovan with him) for Erasmo Soto.

Daniel C. Mullane, Assistant District Attorney (Rosalind Henson Miller, Legal Assistant to the District Attorney, with him) for the Commonwealth.

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

KAPLAN, J.

The defendants Roberto Medina and Erasmo Soto, after a joint trial in September, 1975, for the murder in December, 1974, of Ana Ausua, were found guilty, respectively, of murder in the first and second degree. Their appeals (G.L.c. 278, §§ 33A-33G; St. 1979, c. 346; Mass. R.A.P. 1B, inserted by 378 Mass. 924 [1979]), bring us questions of the correctness of rulings by the trial judge on motions for directed verdicts of acquittal, of his instructions...

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