Commonwealth v. Johnson

The Commonwealth appeals from the dismissal of so much of an indictment that alleged murder in the first degree under the theory of deliberate premeditation.2 Applying the standard set forth in Commonwealth v. McCarthy, 385 Mass. 160, 161-163 (1982), we conclude that sufficient evidence was presented to the grand jury to establish probable cause that the defendant murdered the victim, and did so under at least one of the theories of murder in the first degree.3 The motion to dismiss the indictments should have been denied in its entirety. Moreover, the Commonwealth is not precluded at trial…