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COMMONWEALTH v. CARNES

No. 10-P-1977.

81 Mass. App. Ct. 713 (2012)

COMMONWEALTH v. MALCOLM CARNES.

Appeals Court of Massachusetts, Norfolk.

May 2, 2012.

Attorney(s) appearing for the Case

Robert L. Sheketoff for the defendant.

Alexei Tymoczko, Assistant District Attorney ( Thomas Finigan, Assistant District Attorney, with him) for the Commonwealth.

Present: SIKORA, CARHART, & SULLIVAN, JJ.

CARHART, J.

After a jury trial in Superior Court on an indictment charging murder in the first degree, the defendant was convicted of the lesser included offense of murder in the second degree. On appeal, he argues that the police illegally searched his backpack and, therefore, the motion judge erred when she denied his suppression motion. He also argues that the trial judge erred by permitting the ballistics expert...

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