COMMONWEALTH v. GILLIARD

No. 93-P-225.

36 Mass. App. Ct. 183 (1994)

629 N.E.2d 349

COMMONWEALTH vs. ABIGAIL GILLIARD.

Appeals Court of Massachusetts, Suffolk.

March 7, 1994.


Attorney(s) appearing for the Case

Lawrence P. Murray for the defendant.

Lucy A. Manning, Assistant District Attorney, for the Commonwealth.

Present: KASS, KAPLAN, & FINE, JJ.


FINE, J.

A spontaneous melee late at night in January of 1990 on Shawmut Avenue in Roxbury, involving a large number of young people, mostly female, resulted in the fatal stabbing of seventeen year old Yolanda Carter. After a jury trial in Superior Court, the defendant was found guilty of Carter's second degree murder. The foreman's gratuitous notation on the verdict slip indicated that the defendant's guilt was as a joint venturer, not as a principal. On appeal,...

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