COMMONWEALTH v. CONKEY


430 Mass. 139 (1999)

COMMONWEALTH v. CRAIG W. CONKEY.

Supreme Judicial Court of Massachusetts, Middlesex.

July 30, 1999.


Attorney(s) appearing for the Case

Matthew A. Kamholtz for the defendant.

Eileen M. O'Brien, Assistant District Attorney, for the Commonwealth.

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


WILKINS, C.J.

The defendant was convicted of murder in the first degree on all three possible bases, deliberate premeditation, extreme atrocity or cruelty, and felony-murder. The jury also found him guilty of armed burglary, armed assault in a dwelling, and armed robbery. We reverse his convictions.

During the night of December 3-4, 1994, Mary Lou Sale was killed in her home on Massachusetts Avenue in Lexington. The defendant lived four houses away on the...

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