COMMONWEALTH v. MARSHALL

No. 04-P-680.

65 Mass. App. Ct. 710 (2006)

COMMONWEALTH v. BRYAN MARSHALL.

Appeals Court of Massachusetts, Hampden.

March 8, 2006.


Attorney(s) appearing for the Case

Richard L. Goldman for the defendant.

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

Present: Lenk, Smith, & Gelinas, JJ.


LENK, J.

After trial by jury, the defendant, Bryan Marshall, was convicted of murder in the second degree for the killing of Robert Campbell (G. L. c. 265 § 1), home invasion (G. L. c. 265, § 18C), and unlawful possession of a firearm (G. L. c. 269, § 10[a]). He appeals only from the home invasion conviction, arguing that (1) the apartment was his dwelling place and, because he did not enter the home "of another" as required by G. L. c. 265,...

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