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COMMONWEALTH v. STEPHENS

No. 05-P-1852.

67 Mass. App. Ct. 906 (2006)

COMMONWEALTH v. ROBERT S. STEPHENS.

Appeals Court of Massachusetts.

December 6, 2006.

Attorney(s) appearing for the Case

Dana Alan Curhan (Brad P. Bennion with him) for the defendant.

Kerry Anne Kilcoyne, Assistant District Attorney, for the Commonwealth.

As a result of an incident that took place on May 2, 2001, the defendant was found guilty, by a District Court jury, of discharging a firearm within 500 feet of a dwelling or other building in use.1

On appeal, the defendant claims that the judge committed error in (1) denying his motion for a required finding of not guilty, and (2) instructing the jury in regard to the meaning of "discharge...

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