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COMMONWEALTH v. LOJKO

No. 09-P-24.

77 Mass. App. Ct. 82 (2010)

COMMONWEALTH v. BRANDON LOJKO.

Appeals Court of Massachusetts, Barnstable.

June 22, 2010.

Attorney(s) appearing for the Case

Matthew C. Harper-Nixon for the defendant.

Thomas G. Shack, III, Assistant District Attorney, for the Commonwealth.

Present: COHEN, VUONO, & GRAINGER, JJ.

VUONO, J.

Following a jury-waived trial in District Court, the defendant was convicted of improper storage of a firearm in violation of G. L. c. 140, § 131L(a) (statute). Because we conclude that the judge erred as matter of law in construing the requirements of the statute, we reverse.1

Facts. We summarize the facts in the light most favorable to the Commonwealth...

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