COMMONWEALTH v. WEBB

No. 06-P-535.

68 Mass. App. Ct. 167 (2007)

COMMONWEALTH v. STANLEY WEBB.

Appeals Court of Massachusetts, Bristol.

February 5, 2007.


Attorney(s) appearing for the Case

Dana Alan Curhan for the defendant.

Steven E. Gagne, Assistant District Attorney, for the Commonwealth.

Present: Gelinas, Green, & Grainger, JJ.


GREEN, J.

For whatever reason, the Commonwealth failed to develop through its investigation, or to present at the defendant's trial, evidence establishing one of the three required elements of the charge of setting up or promoting a lottery, under G. L. c. 271, § 7.1 We are accordingly constrained to reverse the judgments of conviction entered against the defendant on two complaints...

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