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COMMONWEALTH v. EVANS

438 Mass. 142 (2002)

COMMONWEALTH v. HERDIUS EVANS (and five companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

November 21, 2002.

Attorney(s) appearing for the Case

Brownlow M. Speer, Committee for Public Counsel Services (Bruce R. Bono, Committee for Public Counsel Services, & Larry R. Tipton with him) for Herdius Evans.

James L. Sultan for James Ware.

Paul B. Linn, Assistant District Attorney, for the Commonwealth.

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

SPINA, J.

The defendants, Herdius Evans and James Ware, were convicted of the murder in the first degree of Allan Lawrence Hill on theories of extreme atrocity or cruelty and felony-murder. They were also convicted of armed robbery and armed assault with intent to rob Hill, armed assault with intent to rob Peter Wattles, and assault and battery on Wattles.2 On appeal, Ware alleges error in (1...

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