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COMMONWEALTH v. STEWART

SJC-10728.

460 Mass. 817 (2011)

COMMONWEALTH v. DONALD H. STEWART, THIRD.

Supreme Judicial Court of Massachusetts, Worcester.

November 10, 2011.

Attorney(s) appearing for the Case

Stewart T. Graham, Jr., for the defendant.

Stephen J. Carley, Assistant District Attorney, for the Commonwealth.

Present: IRELAND, C.J., SPINA, CORDY, DUFFLY, & LENK, JJ.

IRELAND, C.J.

The defendant was convicted of murder in the first degree of the victim, Nicholas Martone, on the theories of felony-murder, deliberate premeditation, and extreme atrocity or cruelty. The defendant also was convicted of armed robbery as the predicate felony and three charges of assault and battery by means of a dangerous weapon.1 On appeal, the defendant argues that there was insufficient evidence of armed robbery to support...

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