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COMMONWEALTH v. PAVAO

No. 89-P-1098.

34 Mass. App. Ct. 577 (1993)

614 N.E.2d 682

COMMONWEALTH vs. WILLIAM PAVAO.

Appeals Court of Massachusetts, Bristol.

June 11, 1993.

Attorney(s) appearing for the Case

John J. Costello & Francis J. Hurley (Sheryl J. Dennis with them) for the defendant.

Elspeth B. Cypher, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, IRELAND, & LAURENCE, JJ.

PERRETTA, J.

Because of a material misstatement of the evidence in the prosecutor's closing argument at the trial on indictments charging the defendant and Antonio Sousa with the murder of James Barboza, we reverse the defendant's conviction for murder in the second degree.1

1. The facts. On December 19, 1987, Antonio Sousa was the host of a holiday party at the Sportsmen's II Lounge in Swansea. The defendant and his wife...

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