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COMMONWEALTH v. BURRELL

389 Mass. 804 (1983)

452 N.E.2d 504

COMMONWEALTH vs. SEAN E. BURRELL.

Supreme Judicial Court of Massachusetts, Suffolk.

August 3, 1983.

Attorney(s) appearing for the Case

Matthew H. Feinberg for the defendant.

Mark Newman, Assistant District Attorney (John N. Tramontozzi, Assistant District Attorney, with him) for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & O'CONNOR, JJ.

ABRAMS, J.

The defendant, Sean E. Burrell, was convicted of murder in the second degree and armed robbery.1 The Commonwealth concedes that it has no evidence that Burrell fired the fatal shot, and rests its case solely on a theory of felony murder, based on joint enterprise. After the guilty verdicts, Burrell appealed, claiming that the judge erred in denying his motion for a required finding...

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