COMMONWEALTH v. BURTON


450 Mass. 55 (2007)

COMMONWEALTH v. ANTWAN BURTON.

Supreme Judicial Court of Massachusetts, Plymouth.

November 9, 2007.


Attorney(s) appearing for the Case

Stephen Paul Maidman for the defendant.

John E. Bradley, Assistant District Attorney, for the Commonwealth.

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


COWIN, J.

The defendant, Antwan Burton, was convicted of murder in the first degree on the theory of felony-murder with armed home invasion as the predicate offense. He was also convicted of armed home invasion on a separate indictment charging that crime. The defendant appeals, claiming that he was improperly convicted of murder in the first degree because, at the time of the offense in this case the predicate offense, armed home invasion, was not a felony punishable...

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