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COMMONWEALTH v. STEWART

SJC-09742

454 Mass. 527 (2009)

COMMONWEALTH v. STEVEN STEWART.

Supreme Judicial Court of Massachusetts, Barnstable.

August 14, 2009.

Attorney(s) appearing for the Case

John M. Thompson for the defendant.

Thomas G. Shack, III, Assistant District Attorney (Robert D. Moriarty, Assistant District Attorney, with him) for the Commonwealth.

Present: MARSHALL, C.J., SPINA, COWIN, BOTSFORD, & GANTS, JJ.

COWIN, J.

A jury in the Superior Court convicted the defendant of murder in the first degree on theories of extreme atrocity or cruelty and deliberate premeditation. The jury were instructed on both principal and joint venture liability and returned a general verdict. The defendant appeals from his conviction on a variety of grounds which we discuss infra. We reverse the defendant's conviction because a witness was...

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