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COMMONWEALTH v. STEWART-JOHNSON

No. 09-P-1820.

78 Mass. App. Ct. 592 (2011)

COMMONWEALTH v. MARGARITA STEWART-JOHNSON (and a companion case).

Appeals Court of Massachusetts, Suffolk.

January 12, 2011.

Attorney(s) appearing for the Case

James E. Small, Jr. , for Margarita Stewart-Johnson & another.

Jessica V. Barnett , Assistant Attorney General, for the Commonwealth.

Present: DUFFLY, SIKORA, & MILKEY, JJ.

MILKEY, J.

According to the evidence presented at trial, the defendants participated in and encouraged others to join a classic "pyramid scheme." A Superior Court jury convicted them of violating G. L. c. 271, § 7 (setting up or promoting a lottery). On appeal, the defendants argue that their motions for required findings of not guilty should have been granted for two distinct reasons. First, they argue that...

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