Commonwealth v. Lopez
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The Supreme Judicial Court reversed the judgment of the trial court and set aside Defendant's conviction as a joint venturer of murder in the first degree on the theory of extreme atrocity or cruelty, holding that the evidence presented to the jury was insufficient to establish Defendant's knowing participation in the murder with the required intent beyond a reasonable doubt.
At the close of all evidence, Defendant moved for a required finding of not guilty. The motion was denied. After Defendant was convicted, he appealed, arguing that the trial judge erred in denying his motion for a required finding of not guilty. The Supreme Judicial Court agreed, holding (1) the Commonwealth's evidence was insufficient to demonstrate beyond a reasonable doubt Defendant's presence when the victim was stabbed, and therefore, the conviction cannot stand; and (2) retrial of Defendant was barred by the principles of double jeopardy.
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