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COMMONWEALTH v. KILBURN

426 Mass. 31 (1997)

COMMONWEALTH v. ANDREW W. KILBURN.

Supreme Judicial Court of Massachusetts, Suffolk.

October 27, 1997.

Attorney(s) appearing for the Case

Roger A. Cox for the defendant.

Eric Neyman, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

LYNCH, J.

After a jury trial the defendant was convicted of murder in the first degree as a joint venturer by reason of felony murder.1 On appeal, the defendant contends that (1) the trial judge erred in denying the defendant's motion for a required finding of not guilty or in the alternative for a new trial based on the insufficiency of the Commonwealth's evidence; and (2) the judge erred in...

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