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COMMONWEALTH v. SULLIVAN

20 Mass. App. Ct. 802 (1985)

482 N.E.2d 1198

COMMONWEALTH vs. KEVIN P. SULLIVAN.

Appeals Court of Massachusetts, Middlesex.

September 23, 1985.

Attorney(s) appearing for the Case

Patricia A. O'Neill, Committee for Public Counsel Services, for the defendant.

Margot Botsford, Assistant District Attorney (Patricia A. McEvoy, Assistant District Attorney, with her) for the Commonwealth.

Present: PERRETTA, KASS, & WARNER, JJ.

KASS, J.

On the fourth day of deliberations, a jury returned verdicts of guilty against the defendant, Kevin P. Sullivan, of murder in the second degree, of assault and battery by means of a dangerous weapon upon John Grimes (who was killed) and upon Paul Kelly, and of assault and battery upon Deborah Sullivan, the defendant's wife. We reverse the convictions of murder and assault and battery by means of a dangerous weapon because a supplementary charge erroneously...

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