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COMMONWEALTH v. CASANOVA

429 Mass. 293 (1999)

COMMONWEALTH v. RAUL CASANOVA.

Supreme Judicial Court of Massachusetts, Suffolk.

April 7, 1999.

Attorney(s) appearing for the Case

Michael C. Bourbeau for the defendant.

Paul B. Linn, Assistant District Attorney, for the Commonwealth.

David Skeels, Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Gerard D. Downing, District Attorney, & Nicholas B. Kosiavelon, Assistant District Attorney, for the Commonwealth, amicus curiae, submitted a brief.

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

FRIED, J.

The defendant, Raul Casanova, stands indicted on the charge of murder in the first degree. Having denied the defendant's motion to dismiss the charge, a Superior Court judge reported the following questions to the Appeals Court pursuant to Mass. R. Crim. P. 34, 378 Mass. 905 (1979):

"(1) Should Massachusetts judicially adopt a rule on the element of causation which replaces the year and a day rule?

"(2) If the answer to question one is yes...

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