COMMONWEALTH v. LOVERING

No. 14-P-1914.

89 Mass. App. Ct. 76 (2016)

COMMONWEALTH v. ALBERT LOVERING.

Appeals Court of Massachusetts, Middlesex.

February 17, 2016.

Corrected February 26, 2016.


Attorney(s) appearing for the Case

Kimberly M. Peterson for the defendant.

Michael Shiposh , Special Assistant District Attorney, for the Commonwealth.

Present: CYPHER, WOLOHOJIAN, & CARHART, JJ.


The question presented is whether there was sufficient evidence to prove beyond a reasonable doubt that the defendant had constructive possession of a firearm on the specific date of September 11, 2011. We agree with the defendant that the evidence was insufficient to prove that he constructively possessed the gun on the date charged...

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