COMMONWEALTH v. CRUZ


430 Mass. 182 (1999)

COMMONWEALTH v. GABRIEL CRUZ.

Supreme Judicial Court of Massachusetts, Essex.

August 19, 1999.


Attorney(s) appearing for the Case

John M. Thompson (Janet H. Pumphrey with him) for the defendant.

Robert J. Bender, Assistant District Attorney (Gerald P. Shea, Assistant District Attorney, with him) for the Commonwealth.

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


LYNCH, J.

On June 17, 1996, a jury convicted the defendant of murder in the first degree on a theory of felony-murder, specifying both burglary with assault on an occupant and stealing from a building by confining or putting in fear as underlying felonies. The jury also convicted the defendant of three counts of burglary with an actual assault on an occupant; one indictment charging armed assault in a dwelling entered with intent to commit a felony; four counts of...

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