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COMMONWEALTH v. GUNTER

427 Mass. 259 (1998)

COMMONWEALTH v. PAUL GUNTER

Supreme Judicial Court of Massachusetts, Suffolk.

April 14, 1998.

Attorney(s) appearing for the Case

Esther J. Horwich (Jennifer Appleyard with her) for the defendant.

Eric Neyman, Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Carol A. Donovan for Committee for Public Counsel Services.

Paul F. Walsh, Jr., District Attorney, & Elspeth B. Cypher, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., ABRAMS, LYNCH, GRLANEY, MARSHALL, & IRELAND, JJ.

MARSHALL, J.

The defendant, Paul Gunter, was convicted of murder in the first degree on a theory of felony-murder, G. L. c. 265, § 1, armed assault in a dwelling with intent to commit a felony, G. L. c. 265, § 18A, and illegal possession of a firearm, G. L. c. 269, § 10 (a). The jury were warranted in finding that Gunter was a joint venturer with two other individuals, based on his role in transporting the others to and from the murder scene...

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