Commonwealth v. White

On December 24, 1991, a Middlesex County grand jury returned indictments against two brothers, the defendants Kenneth and Whittaker White, charging them with murder in the first degree, see G. L. c. 265, § 1 (1994 ed.),2 and armed assault in a dwelling, see G. L. c. 265, § 18A (1994 ed.).3 Both defendants were tried jointly before the same jury, and were found guilty on the indictments. The Commonwealth tried the first degree murder charges on theories of joint venture felony-murder, joint venture murder with deliberate premeditation, and joint venture murder with extreme atrocity or cruelty.4