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COMMONWEALTH v. CHARLES

No. 99-P-1555.

57 Mass. App. Ct. 595 (2003)

COMMONWEALTH v. DANA CHARLES (and seven companion cases).

Court of Appeals of Massachusetts, Suffolk.

March 19, 2003.

Attorney(s) appearing for the Case

Claudia Leis Bolgen for Dana Charles.

Dennis M. Powers for Geoffrey Terry.

Kajal K. Chattopadhyay, Assistant District Attorney, for the Commonwealth.

Present: DOERFER, KASS, & MCHUGH, JJ.

DOERFER, J.

The defendants were convicted as joint venturers on indictments alleging armed assault with intent to murder.2 The victim was shot by another person in an incident that unfolded at the Ruggles Street subway station in Boston. The judge's instruction to the jury on the elements of joint venture did not refer to the requirement that the defendants knew the shooter was armed. We must reverse.

1. Facts.

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