COMMONWEALTH v. JAMES

No. 07-P-1845.

73 Mass. App. Ct. 383 (2008)

COMMONWEALTH v. EZEKIEL JAMES.

Appeals Court of Massachusetts, Suffolk.

December 18, 2008.


Attorney(s) appearing for the Case

Adriana Contartese (Joseph M. Griffin, Jr., with her) for the defendant.

Anne A. Gruner (Joseph M. Ditkoff, Assistant District Attorney, with her) for the Commonwealth.

Present: LENK, GRAHAM, & GRAINGER, JJ.


GRAHAM, J.

After retrial,1 a Boston Municipal Court jury convicted the defendant of threatening to commit a crime against a person. See G. L. c. 275, § 2. On appeal, he argues that the Commonwealth presented insufficient evidence that he was guilty of the charge because the evidence failed to prove he intended to communicate the alleged threats to the victim. We agree with the defendant and, accordingly, reverse the conviction.

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