COMMONWEALTH v. BROWN

SJC-11669.

477 Mass. 805 (2017)

COMMONWEALTH v. TIMOTHY BROWN.

Supreme Judicial Court of Massachusetts, Middlesex.

September 20, 2017.


Attorney(s) appearing for the Case

David H. Mirsky for the defendant.

Melissa Weisgold Johnsen , Assistant District Attorney, for the Commonwealth.

Present: GANTS, C.J., LENK, HINES, GAZIANO, LOWY, BUDD, & CYPHER, JJ.


We address, in this opinion, the scope of criminal liability under the common-law felony-murder rule. The charges stem from an attempted armed robbery and home invasion of a townhouse shared by Hector and Tony Delgado. Two armed gunmen fatally shot the brothers during the botched robbery. The defendant was not present at the scene. The...

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