Choy v. Commonwealth

Frances Choy (defendant) was tried in the Superior Court on one indictment charging arson, G. L. c. 266, § 1, and two indictments charging murder in the first degree, G. L. c. 265, § 1. At trial, the Commonwealth proceeded on the premise that the defendant was guilty as the principal, and did not introduce evidence that the defendant was guilty as a joint venturer. Consequently, the jury were instructed as to principal, but not joint venture, liability. Her trial ended in a mistrial when *147the jury were unable to reach a unanimous verdict. Following the mistrial, the defendant moved to dismiss…