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COMMONWEALTH v. FITZPATRICK

SJC-10638.

463 Mass. 581 (2012)

COMMONWEALTH v. SEAN FITZPATRICK.

Supreme Judicial Court of Massachusetts, Middlesex.

October 24, 2012.

Attorney(s) appearing for the Case

Leslie W. O'Brien for the defendant.

Loretta M. Lillios , Assistant District Attorney ( Jamie M. Charles , Assistant District Attorney with her) for the Commonwealth.

Present: IRELAND, C.J., SPINA, CORDY, DUFFLY, & LENK, JJ.

DUFFLY, J.

After a mistrial at which the jury were deadlocked, the defendant was retried and convicted of two indictments charging murder in the first degree on a theory of deliberate premeditation.1 On appeal, the defendant claims that his motion to dismiss the indictments, filed before retrial, should have been allowed because the Commonwealth had not presented legally sufficient evidence at his first trial; a second trial in these circumstances...

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