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COMMONWEALTH v. NOBLE

417 Mass. 341 (1994)

629 N.E.2d 1328

COMMONWEALTH vs. DAVID W. NOBLE.

Supreme Judicial Court of Massachusetts, Suffolk.

March 16, 1994.

Attorney(s) appearing for the Case

Juliane Balliro for the defendant.

Kenneth H. Anderson, Assistant District Attorney (Daniel C. Mullane, Assistant District Attorney, with him) for the Commonwealth.

Present: WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.

LYNCH, J.

The defendant was indicted on a charge of murder in the first degree. A jury found him guilty of murder in the second degree. The Appeals Court reversed the conviction, 34 Mass.App.Ct. 415 (1993), and we granted the Commonwealth's application for further appellate review. We affirm the judgment of the Superior Court.

The evidence would have permitted the jury...

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