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COMMONWEALTH v. TIEXEIRA

No. 89-P-828.

29 Mass. App. Ct. 200 (1990)

559 N.E.2d 408

COMMONWEALTH vs. DOMINGO TIEXEIRA, THIRD.

Appeals Court of Massachusetts, Barnstable.

September 10, 1990.

Attorney(s) appearing for the Case

James E. McCall (Edward E. Whittemore with him) for the defendant.

Julia K. Vermynck, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, FINE, & PORADA, JJ.

PORADA, J.

The defendant was convicted by a Superior Court jury of murder in the second degree. Based on the evidence, the jury could have found that the defendant struck the victim in the head with a miniature bat, causing a "J-shaped" laceration which resulted in the victim's death. The incident was witnessed by four teen-age girls — Naome Lopez, Jennifer Rosado, Heather Ennes, and Carrie Salazar —...

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