Commonwealth v. Bin
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The Supreme Judicial Court affirmed Defendant’s conviction of murder in the first degree, as a joint venturer, holding that none of the arguments Defendant raised on appeal warranted reversal of his convictions.
During trial, the Commonwealth proceeded on a theory of felony-murder, with armed home invasion and attempted armed robbery as the predicate felonies. The Supreme Judicial Court affirmed Defendant’s convictions and declined to exercise its authority to grant relief under Mass. Gen. Laws ch. 278, 33E, holding (1) the evidence was sufficient to support the convictions; (2) the trial judge did not abuse her discretion in allowing cell site location information evidence; (3) the judge did not err when she did not instruct the jury that they were allowed to reach factually inconsistent verdicts; and (4) this Court declines to abolish the common-law doctrine of felony-murder.
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