Baxter v. Commonwealth
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The Supreme Judicial Court held that the superior court erred in denying Defendant's motion to dismiss insofar as it concerned the charge of murder in the first degree on a joint venture theory, holding that there was insufficient evidence to support this conviction.
Defendant charged with murder in the first degree on theories of deliberate premeditation and extreme atrocity or cruelty, accessory after the fact to murder, carrying a firearm without a license, and carrying a loaded firearm without a license. After four days of deliberations the jury deadlocked, and the trial judge declared a mistrial. Defendant then filed a motion to dismiss, arguing that a retrial would violate his right against double jeopardy. After the motion judge denied the motion Defendant filed a petition pursuant to Mass. Gen. Laws ch. 211, 3. The Supreme Judicial Court remanded the cause, holding that there was insufficient evidence that Defendant shared the lethal intent of the shooter required to support a conviction of murder in the first degree on a joint venture theory.
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