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COMMONWEALTH v. MAHONEY

406 Mass. 843 (1990)

550 N.E.2d 1380

COMMONWEALTH vs. MATTHEW MAHONEY (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

March 7, 1990.

Attorney(s) appearing for the Case

Stephen Hrones for Matthew Mahoney.

Richard Abbott for James Santos.

Edward D. Rapacki, Assistant District Attorney, for the Commonwealth.

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

GREANEY, J.

A grand jury returned indictments against the defendants, Matthew Mahoney and James Santos, and a third man, Douglas Drager, charging them with the murder of Kirk Nilsen. The indictment against Drager was severed from those against the defendants, and the defendants' respective motions for severance from each other were denied. The indictments were put to trial before a jury in the Superior Court. At the conclusion of the Commonwealth's evidence, the judge...

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