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COMMONWEALTH v. FORTINI

No. 06-P-178.

68 Mass. App. Ct. 701 (2007)

COMMONWEALTH vs. ROBERT E. FORTINI, THIRD.

Appeals Court of Massachusetts, Plymouth.

April 20, 2007.

Attorney(s) appearing for the Case

Richard J. Fallon for the defendant.

Mary E. Lee, Assistant District Attorney, for the Commonwealth.

Present: Gelinas, Cypher, & Berry, JJ.

CYPHER, J.

After a trial on an indictment for murder in the first degree, a jury found the defendant, Robert E. Fortini, Third, guilty of murder in the second degree. At trial, the defendant had argued for acquittal based on self-defense. The defendant appealed the conviction; we affirmed. Commonwealth v. Fortini, 44 Mass.App.Ct. 562, further appellate review denied, 427 Mass. 1106 (1998) (Fortini I

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