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Appeals court hears challenge to rifle and knowledge findings in Commonwealth v. Ferreira Artur
Summary
Attorneys argued whether evidence and jury instructions supported convictions for possessing a rifle and related charges, focusing on when the defendant knew about the gun, whether the weapon met the statutory definition of a rifle, and whether a jury instruction on intoxication or a Guardado error requires reversal or a new trial.
The Massachusetts Appeals Court heard oral argument in Commonwealth v. Ferreira Artur about whether trial evidence and jury instructions were sufficient to support several weapons-related convictions.
Defense attorney Hayne Barnwell told the three-judge panel that the Commonwealth left “major gaps of proof,” arguing there was no testimony from the first officers who arrived and that later officers found the defendant already seated with a blanket around him. Barnwell said there was no direct proof about when a nearby bag was opened or whether Ferreira Artur knew there was a firearm in it before officers illuminated the area with a…
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