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COMMONWEALTH v. PRATER

431 Mass. 86 (2000)

COMMONWEALTH v. ALFONSO PRATER (and a companion case).

Supreme Judicial Court of Massachusetts, Essex.

March 22, 2000.

Attorney(s) appearing for the Case

James E. Methe for Alfonso Prater.

Robert L. Sheketoff for Jamie Spillane.

Catherine Langevin Semel, Assistant District Attorney, for the Commonwealth.

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

ABRAMS, J.

The defendants, Alfonso Prater and Jamie Spillane, were convicted of murder in the second degree based on a theory of felony-murder.2 On appeal, both defendants challenge the admissibility of testimony of a witness, the denial of each defendant's motion for a required finding of not guilty, and the jury instruction regarding the requisite intent for the crime of assault. Prater also challenges the denial of his motion to suppress...

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