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COMMONWEALTH v. BURBANK

No. 88-P-557.

27 Mass. App. Ct. 97 (1989)

534 N.E.2d 1180

COMMONWEALTH vs. BARRY W. BURBANK.

Appeals Court of Massachusetts, Hampden.

March 8, 1989.

Attorney(s) appearing for the Case

John M. Thompson for the defendant.

Elizabeth R. Dunphy, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, SMITH, & FINE, JJ.

FINE, J.

The defendant appeals from his convictions of second degree murder and assault and battery by means of a dangerous weapon arising out of a 1979 shooting incident. In 1980, the defendant was convicted, based upon the same incident, of first degree murder, assault with intent to murder, and aggravated assault. Those convictions were reversed by the Supreme Judicial Court in April of 1983. Commonwealth v. Burbank, 388 Mass. 789...

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