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COMMONWEALTH v. SMILEY

431 Mass. 477 (2000)

COMMONWEALTH v. TABUE K. SMILEY.

Supreme Judicial Court of Massachusetts, Hampden.

May 12, 2000.

Attorney(s) appearing for the Case

John M. Thompson for the defendant.

Jane Davidson Montori, Assistant District Attorney, for the Commonwealth.

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

ABRAMS, J.

Convicted of murder in the first degree by reason of felony-murder, the defendant, Tabue Smiley, appeals.1 He also appeals from the denial of his motion for a new trial. On appeal, the defendant challenges (1) one of the indictments against him; (2) the denial of his motion to suppress; (3) admission of evidence that he was a member of the "South Side Posse"; and (4) the jury instructions. He also asks this court to vacate his...

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