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Appeals court weighs sufficiency of evidence in nighttime-entry case; dispute centers on intent
Summary
In Kamal v. Shirazi (24P441), argued April 2 before the Massachusetts Appeals Court, defense counsel challenged whether the Commonwealth proved the requisite felonious intent for nighttime entry.
In Kamal v. Shirazi (24P441), argued April 2, defense counsel Jennifer O’Brien urged the Massachusetts Appeals Court to reverse a judge’s denial of a motion for a required finding on sufficiency of evidence for nighttime entry with intent to commit a felony. O’Brien argued the Commonwealth failed to prove the element of felonious intent at the time of entry; the defendant acted bizarrely, had no weapon, and the testimony that a mailbag was taken did not reliably show intent to steal. Assistant District Attorney Emily Walsh argued the record supports…
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