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COMMONWEALTH v. STEWART

No. 89-P-223.

30 Mass. App. Ct. 569 (1991)

571 N.E.2d 43

COMMONWEALTH vs. GARY STEWART.

Appeals Court of Massachusetts, Middlesex.

May 14, 1991.

Attorney(s) appearing for the Case

Patricia A. O'Neill, Committee for Public Counsel Services, for the defendant.

David R. Marks, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, KASS, & JACOBS, JJ.

PERRETTA, J.

This is an appeal from a conviction of murder in the second degree by the driver of the car in which John Good fled after his premeditated murder of Robert Perry. See Commonwealth v. Good, 409 Mass. 612 (1991). The Commonwealth proceeded against the defendant, who was tried separately from Good, on the basis of joint venture liability. The defendant's primary contention on appeal is that there was insufficient...

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