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COMMONWEALTH v. SWAFFORD

441 Mass. 329 (2004)

COMMONWEALTH v. GUS SWAFFORD (and six companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

March 30, 2004.

Attorney(s) appearing for the Case

Charles K. Stephenson for Ricardo Gittens.

Dana Alan Curhan for Gus Swafford.

Joseph M. Ditkoff, Assistant District Attorney (David E. Meier, Assistant District Attorney, with him) for the Commonwealth.

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

CORDY, J.

Following a jury trial, Gus Swafford and Ricardo Gittens were found guilty of murder in the first degree and of assault with intent to murder.2 On appeal, Swafford argues that the trial judge erred in admitting gang affiliation testimony and in dismissing a deliberating juror; Swafford additionally argues that the Commonwealth committed improprieties during closing argument and that the judge improperly instructed the jury regarding...

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