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COMMONWEALTH v. LINDSEY

396 Mass. 840 (1986)

489 N.E.2d 666

COMMONWEALTH vs. SYLVESTER LINDSEY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 5, 1986.

Attorney(s) appearing for the Case

Patricia A. O'Neill, Committee for Public Counsel Services (Paul L. McGill, Committee for Public Counsel Services, with her) for the defendant.

Judy G. Zeprun, Assistant District Attorney (Gary Schubert, Assistant District Attorney, with her) for the Commonwealth.

Richard A. Voke, J. John Fox & Thomas J. Carey, Jr., amici curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & NOLAN, JJ.

WILKINS, J.

The defendant was indicted for assault with intent to murder, assault and battery by means of a dangerous weapon, and unlawful carrying of a firearm on his person. A jury found him not guilty of the assault crimes and guilty of the charge of unlawful carrying of a firearm. Although the evidence, including the defendant's testimony, demonstrated that he shot one Edward Michel, the evidence from the defendant and...

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