COMMONWEALTH v. SANTOS


402 Mass. 775 (1988)

525 N.E.2d 388

COMMONWEALTH vs. LOUIS SANTOS.

Supreme Judicial Court of Massachusetts, Suffolk.

July 11, 1988.


Attorney(s) appearing for the Case

Walter T. Healy (Frank G. Kelleher & James E. McCall with him) for the defendant.

Judy G. Zeprun, Assistant Attorney General (Ronald Moynahan & Margaret Steen Melville, Assistant District Attorneys, with her) for the Commonwealth.

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


ABRAMS, J.

The defendant, Louis Santos, appeals from his convictions of murder in the first degree on a theory of felony-murder, armed robbery, assault and battery by means of a dangerous weapon, and armed assault with intent to rob. For the reasons stated in this opinion, we reverse and remand for a new trial.

We summarize the facts. At about 5 P.M., on October 28, 1983, Colleen Maxwell, a social worker, was accompanying Charles Bartick, a thirty-two year...

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