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COMMONWEALTH v. PRESTON

No. 86-142.

27 Mass. App. Ct. 16 (1989)

534 N.E.2d 787

COMMONWEALTH vs. JAMES PRESTON.

Appeals Court of Massachusetts, Essex.

February 21, 1989.

Attorney(s) appearing for the Case

John R. Campbell for the defendant.

Dyanne Klein Polatin, Assistant District Attorney, for the Commonwealth.

Willie J. Davis, amicus curiae, submitted a brief.

Present: ARMSTRONG, KASS, & WARNER, JJ.

ARMSTRONG, J.

The defendant appeals from his second conviction of the murder (in the second degree) of Thea Pierce. After his first conviction, the trial judge granted a motion for a new trial. The Commonwealth appealed from that ruling without success. See Commonwealth v. Preston, 393 Mass. 318 (1984). The defendant then moved in the Superior Court for dismissal of the indictment on the ground that the evidence at...

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