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COMMONWEALTH v. STEWART

411 Mass. 345 (1991)

582 N.E.2d 514

COMMONWEALTH vs. GARY STEWART.

Supreme Judicial Court of Massachusetts, Middlesex.

December 9, 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: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & GREANEY, JJ.

GREANEY, J.

A jury in the Superior Court convicted the defendant, Gary Stewart, of murder in the second degree. The Commonwealth proceeded against the defendant on a joint venture theory, asserting that the defendant had participated with John Good in the murder of Robert Perry.1 A divided Appeals Court reversed the defendant's conviction, concluding that he was entitled to the allowance of his...

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