COMMONWEALTH v. GARNER

No. 01-P-28.

59 Mass. App. Ct. 350 (2003)

COMMONWEALTH v. FRANKIE JAMES GARNER.

Appeals Court of Massachusetts, Hampden.

September 19, 2003.


Attorney(s) appearing for the Case

Robert S. Sinsheimer (David Radner with him) for the defendant.

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

Present: LENK, BERRY, & MCHUGH, JJ.


BERRY, J.

The defendant was convicted of murder in the second degree under G. L. c. 265, § 1, on a theory of felony-murder, for a killing in a shootout on January 25, 1998, at Roscoe's Banquet Hall (Roscoe's or the club), a popular after-hours dance club in Springfield, which also sported an unlicensed bar open from 1:00 A.M. to 5:00 A.M., after last call in licensed bars in the area. The underlying felony for the murder conviction was based on a joint venture...

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