Commonwealth v. Themelis

After a seven-day trial before a jury in the Superior Court, the defendant was convicted of conspiracy to commit murder and of being an accessory before the fact to an armed breaking and entering in the nighttime with intent to commit a felony. He has appealed, arguing that the trial judge erred (1) in denying his motions for required findings of not guilty on both charges, (2) in failing to declare a mistrial due to the prosecutor’s alleged failure to provide exculpatory information, and (3) in admitting a statement in evidence for substantive purposes as an exception to the hearsay rule.

The…