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COMMONWEALTH v. BARKLOW

No. 00-P-416.

52 Mass. App. Ct. 765 (2001)

COMMONWEALTH v. THOMAS BARKLOW.

Court of Appeals of Massachusetts, Hampden.

October 9, 2001.

Attorney(s) appearing for the Case

Lisa Szulborski (Bethany C. Lowe, Assistant District Attorney, with her) for the Commonwealth.

Peter M. Dempsey, for the defendant, submitted a brief.

Present: GREENBERG, COWIN, & MCHUGH, JJ.

COWIN, J.

The defendant was convicted of larceny in a building (G. L. c. 266, § 20) on a joint venture theory.1 He appeals with respect to two issues. First, he contends that the judge improperly denied his motion for a required finding of not guilty because conviction of the offense of larceny in a building requires proof that the building was vacant and the evidence in this case was insufficient regarding that element. Second, he...

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