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COMMONWEALTH v. LYNCH

428 Mass. 617 (1999)

COMMONWEALTH v. KEVIN F. LYNCH.

Supreme Judicial Court of Massachusetts, Norfolk.

January 8, 1999.

Attorney(s) appearing for the Case

Carlo A. Obligato, Committee for Public Counsel Services, for the defendant.

Robert C. Cosgrove, Assistant District Attorney, for the Commonwealth.

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

IRELAND, J.

The defendant was convicted by a jury of murder in the first degree as a joint venturer under theories of extreme atrocity or cruelty and felony-murder.1 The jury also found the defendant guilty of aggravated rape. On appeal, while the defendant acknowledges that there was sufficient evidence to support the aggravated rape conviction, he argues that the evidence was insufficient to establish that he joined in the plan to kill...

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