COMMONWEALTH v. SILVA

Not in source.

455 Mass. 503 (2009)

COMMONWEALTH v. RANDY SILVA.

Supreme Judicial Court of Massachusetts, Bristol.

December 21, 2009.


Attorney(s) appearing for the Case

Alan Jay Black for the defendant.

Steven E. Gagne, Assistant District Attorney (Garrett R. Fregault, Assistant District Attorney, with him) for the Commonwealth.

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


SPINA, J.

The defendant was convicted of the deliberately premeditated murder of James Schiano, armed assault with intent to kill David DeAndrade, and assault and battery of DeAndrade by means of a dangerous weapon. The defendant filed a motion for a new trial, which was denied. The appeal from the denial of that motion was consolidated with his direct appeal. On appeal the defendant asserts error in (1) the denial of his motion to dismiss the indictments, which alleged...

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