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COMMONWEALTH v. BERRY

431 Mass. 326 (2000)

COMMONWEALTH v. JERMAINE BERRY.

Supreme Judicial Court of Massachusetts, Suffolk.

May 3, 2000.

Attorney(s) appearing for the Case

David B. Poole for the defendant.

Rosemary Daly, Assistant District Attorney, for the Commonwealth.

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

COWIN, J.

Jermaine Berry was indicted on a charge of murder in the second degree in a stabbing death. At trial, the Commonwealth proceeded against Berry for causing the death of the victim either individually or as a joint venturer. The jury convicted Berry of voluntary manslaughter. The verdict did not specify whether the jury found the defendant guilty individually or as a joint venturer. Berry appealed and the Appeals...

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