COMMONWEALTH v. JOHNSTON

SJC-09919

467 Mass. 674 (2014)

7 N.E.3d 424

COMMONWEALTH v. BRYAN R. JOHNSTON.

Supreme Judicial Court of Massachusetts, Hampshire.

April 8, 2014.


Attorney(s) appearing for the Case

David J. Nathanson ( Dan A. Horowitz with him) for the defendant.

Steven Greenbaum , Assistant District Attorney, for the Commonwealth.

Present: SPINA, CORDY, BOTSFORD, DUFFLY, & LENK, JJ.


SPINA, J.

The defendant was convicted of (1) murder in the first degree on theories of deliberate premeditation, extreme atrocity or cruelty, and felony-murder; (2) armed burglary; (3) possession of a large capacity firearm in the commission or attempted commission of a felony; and (4) possession of a large capacity firearm without a license. He filed a motion for a new trial that was denied without an evidentiary hearing. His appeal from the denial of his motion...

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