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COMMONWEALTH v. KIRKER

441 Mass. 226 (2004)

COMMONWEALTH v. EDWARD KIRKER.

Supreme Judicial Court of Massachusetts, Bristol.

March 12, 2004.

Attorney(s) appearing for the Case

Brona E. Pinnolis for the defendant.

M. Catherine Huddleson, Special Assistant District Attorney, for the Commonwealth.

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

MARSHALL, C.J.

We transferred this case from the Appeals Court on our own motion to consider the proper method for determining "the value of the property so destroyed or injured," an essential element of the felony offense of malicious destruction of property valued at over $250, pursuant to G. L. c. 266, § 127.1 In this case the defendant was convicted of that offense on evidence that he...

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