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COMMONWEALTH v. DEBERRY

441 Mass. 211 (2004)

COMMONWEALTH v. ELTRA D. DEBERRY.

Supreme Judicial Court of Massachusetts, Plymouth.

March 12, 2004.

Attorney(s) appearing for the Case

Kathleen M. Kelly for the defendant.

Carolyn A. Burbine, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

MARSHALL, C.J.

In this appeal from a conviction of malicious destruction of property valued at over $250, we consider the proper method for determining "the value of the property so destroyed or injured," G. L. c. 266, § 127, proof of which is an essential element of this felony offense.1 The language has been variously construed by lower courts in the Commonwealth, but not by this court...

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