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COMMONWEALTH v. LEWIS

381 Mass. 411 (1980)

409 N.E.2d 771

COMMONWEALTH vs. RANDOLPH LEWIS (and three companion cases) (and a consolidated case).

Supreme Judicial Court of Massachusetts, Suffolk.

August 29, 1980.

Attorney(s) appearing for the Case

Reuben Dawkins for Linnell T. Young.

Roger Witkin & Susan M. Roberts for Tyrone Layton.

Robert F. Muse (Mary Beatty Muse with him) for Lanier W. Phillips, Jr.

John F. Herlihy, Jr., for Darrell Weaver & Kenneth L. Sullivan, for Randolph Lewis, joined in a brief.

Michael J. Traft & Thomas J. Mundy, Jr., Assistant District Attorneys, for the Commonwealth.

Present: HENNESSEY, C.J., KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.

KAPLAN, J.

The indictments for the homicides in the present cases would fail if a "year and a day" rule were applied, since in each of the cases the victim died more than that period of time after the criminal act. More particularly: In Commonwealth vs. Randolph Lewis (and three companion cases), the defendants were indicted on September 8, 1978, for the murder of Richard Poleet, death having occurred on May 30, 1978, as a result, so the Commonwealth claimed...

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