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COMMONWEALTH v. SMITH

No. 92-P-1805.

35 Mass. App. Ct. 655 (1993)

624 N.E.2d 604

COMMONWEALTH vs. CHARLES E. SMITH, FOURTH.

Appeals Court of Massachusetts, Suffolk.

December 23, 1993.

Attorney(s) appearing for the Case

Dennis J. Kelly for the defendant.

Susan Underwood, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, KASS, & PORADA, JJ.

KASS, J.

At about 1:30 A.M. on March 22, 1991, a light blue-silver Dodge minivan (the "van"), with the defendant Charles E. Smith, IV, at the wheel, struck and killed two Boston University undergraduates as they crossed Commonwealth Avenue in Boston. The van braked, but did not stop, and sped off. Police stopped the van shortly past 1:40 A.M., as it turned onto Boylston Street after travelling in a southerly direction on Massachusetts Avenue (i.e., away from the Charles...

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