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COMMONWEALTH v. CARLINO

449 Mass. 71 (2007)

COMMONWEALTH v. THOMAS P. CARLINO.

Supreme Court of Massachusetts, Bristol.

May 8, 2007.

Attorney(s) appearing for the Case

John H. Cunha, Jr. (Charles Allen Hope with him) for the defendant.

M. Catherine Huddleson, Special Assistant District Attorney (Tara L. Blackman, Assistant District Attorney, with her) for the Commonwealth.

The following submitted briefs for amici curiae:

Timothy J. Cruz, District Attorney, & Robert C. Thompson, Assistant District Attorney, for District Attorney for the Plymouth District.

William R. Keating, District Attorney, & Varsha Kukafka, Assistant District Attorney, for District Attorney for the Norfolk District & others.

Present: Marshall, C.J., Greaney, Spina, Cowin, & Cordy, JJ.

COWIN, J.

A jury convicted the defendant of murder in the first degree on two theories: premeditation and extreme atrocity or cruelty.1 The verdict slip, which listed separately the three theories of murder in the first degree, did not indicate whether the jury convicted or acquitted the defendant on the theory of felony-murder.2 We set aside the conviction in Commonwealth...

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