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COMMONWEALTH v. FLYNN

420 Mass. 810 (1995)

COMMONWEALTH vs. CHARLES M. FLYNN.

Supreme Judicial Court of Massachusetts, Bristol.

July 21, 1995.

Attorney(s) appearing for the Case

Jane Larmon White for the defendant.

Mary O'Neil, Special Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., LYNCH, O'CONNOR, & GREANEY, JJ.

O'CONNOR, J.

Charles M. Flynn was indicted for the murder in the second degree of Wayne Hubbard. A jury trial followed. The Commonwealth's theories were that Flynn had caused the death of the victim both individually and as a joint venturer with one Timothy Davis.1 At the conclusion of the Commonwealth's case, and at the conclusion of all the evidence, Flynn moved for a required finding of not guilty on

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