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COMMONWEALTH v. RODRIGUEZ

No. SJC-10160.

457 Mass. 461 (2010)

COMMONWEALTH v. LIONEL RODRIGUEZ (and a companion case).

Supreme Judicial Court of Massachusetts, Bristol.

August 9, 2010.

Attorney(s) appearing for the Case

Kevin S. Nixon for Lionel Rodriguez.

Richard J. Fallon for Ryan Marshall.

Rachel J. Eisenhaure, Assistant District Attorney (Shoshana E. Stern, Assistant District Attorney, with her) for the Commonwealth.

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

IRELAND, J.

In February, 2006, a jury convicted the defendant Lionel Rodriguez of murder in the first degree on the theory of extreme atrocity or cruelty.2 His codefendant, Ryan Marshall, was convicted of being an accessory before the fact to that murder also on the theory of extreme atrocity or cruelty.3 The victim was George R. Carpenter, a longtime friend of Marshall's mother.4

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