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COMMONWEALTH v. PHOENIX

409 Mass. 408 (1991)

567 N.E.2d 193

COMMONWEALTH vs. KENNETH P. PHOENIX.

Supreme Judicial Court of Massachusetts, Hampshire.

February 28, 1991.

Attorney(s) appearing for the Case

Linda J. Thompson (John M. Thompson with her) for the defendant.

Ariane D. Vuono, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & GREANEY, JJ.

ABRAMS, J.

The defendant, Kenneth P. Phoenix, was convicted of murder in the first degree for the killing of Raymond Green. On appeal, he challenges: (1) the Commonwealth's use at trial of testimony regarding evidence that was not preserved; (2) the admission in evidence of the results of allotype genetic testing of blood; (3) the motive theory characterizing the defendant as a disgruntled employee and the Commonwealth's alleged insinuation of a racial animosity motive...

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