Commonwealth v. Gunter

Paul Gunter was convicted of murder in the first degree on a theory of felony-murder, in violation of G. L. c. 265, § 1; armed assault in a dwelling with intent to commit a felony, in violation of G. L. c. 265, § 18A; and illegal possession of a firearm, in violation of G. L. c. 269, § 10 (a). This court affirmed the felony-murder and illegal possession of a firearm convictions but vacated the armed assault conviction on the basis that it merged into the felony-murder conviction and was thus duplicative. Commonwealth v. Gunter, 427 Mass. 259, 260-261 (1998). In reaching that conclusion, we…