Marshall v. Commonwealth

In February, 2006, a jury convicted Ryan Marshall (defendant) of being an accessory before the fact to murder, G. L. c. 274, § 2 (§ 2),1 on an indictment alleging that he, “before the said felony was committed, did incite, procure, aid, counsel, hire or command that” four named men murder George R. Carpenter. Although the evidence at trial was sufficient to establish that the defendant had participated in the murderous assault, we reversed his conviction in Commonwealth v. Rod*530riguez, 457 Mass. 461, 482-488 (2010) (Rodriguez), because the evidence did not establish that he had done any act…