NEWMAN v. COMMONWEALTH


437 Mass. 599 (2002)

THOMAS LEE NEWMAN, JR. v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

August 23, 2002.


Attorney(s) appearing for the Case

David F. Capeless, Assistant District Attorney, for the Commonwealth.

Lee D. Flournoy for the plaintiff.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, SOSMAN, & CORDY, JJ.


MARSHALL, C.J.

This case arises from the armed robbery in Clark's Market, a family-owned convenience store in Dalton. The Commonwealth proceeded against Thomas Lee Newman, Jr., solely on a theory of joint venture; he was tried separately from his coventurer, Thomas Patterson. There is no claim that Newman committed any of the crimes himself. After several hours of deliberation, a jury acquitted Newman on four of thirteen indictments, but were unable to reach verdicts...

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