Stripped of considerable chaff in the appeal, this case reduces to a single decisive question: was there a substantial risk of a miscarriage of justice that the jury convicted the defendant of a crime for which he was not indicted, in violation of art. 12 of the Massachusetts Declaration of Rights? We conclude that the answer is "no," and, accordingly, we affirm the judgments of conviction.
The pertinent background is as follows. On March 30, 1999, police officers...
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