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MARSHALL v. COMMONWEALTH

No. SJC-10997.

463 Mass. 529 (2012)

RYAN MARSHALL v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

October 15, 2012.

Attorney(s) appearing for the Case

Richard J. Fallon for the defendant.

Shoshana E. Stern, Assistant District Attorney, for the Commonwealth.

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

CORDY, J.

In February, 2006, a jury convicted Ryan Marshall (defendant) of being an accessory before the fact to murder, G. L. c. 274, § 2 (§ 2),1 on an indictment alleging that he, "before the said felony was committed, did incite, procure, aid, counsel, hire or command that" four named men murder George R. Carpenter. Although the evidence at trial was sufficient to establish that the defendant had participated in the murderous...

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