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COMMONWEALTH v. LONGO

402 Mass. 482 (1988)

524 N.E.2d 67

COMMONWEALTH vs. PAUL A. LONGO (and two companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

June 8, 1988.

Attorney(s) appearing for the Case

William P. Homans, Jr., for Paul A. Longo.

Jane A. Donohue, Assistant District Attorney, for the Commonwealth.

Thomas C. Horgan, for Richard D. Garthe, Jr., was present but did not argue.

Anthony M. Fredella, for Timothy Sullivan, joined in a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & O'CONNOR, JJ.

ABRAMS, J.

The defendants, Longo, Garthe, and Sullivan, indicted for murder, were convicted after joint trial of the lesser included offense of assault and battery of Edward Mullan.2 The Appeals Court reversed the convictions, concluding that the defendants' motions for required findings of not guilty should have been granted. The Appeals Court determined that the Commonwealth failed to introduce...

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