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COMMONWEALTH v. RUSSELL

SJC-11602

470 Mass. 464 (2015)

COMMONWEALTH v. GERALD RUSSELL.

Supreme Judicial Court of Massachusetts, Essex.

January 26, 2015.

Attorney(s) appearing for the Case

Eric S. Brandt , Committee for Public Counsel Services, for the defendant.

Kenneth E. Steinfield , Assistant District Attorney, for the Commonwealth.

Alex G. Philipson , amicus curiae, submitted a brief.

Bruce Ferg , amicus curiae, submitted a brief.

Present: GANTS, C.J., SPINA, CORDY, BOTSFORD, DUFFLY, & HINES, JJ.

"Then, what is reasonable doubt? It is a term often used, probably pretty well understood, but not easily defined." Commonwealth v. Webster, 5 Cush. 295, 320 (1850). So begins the venerable Webster charge on reasonable doubt. The Webster charge informs the jury that a reasonable doubt exists when "they cannot...

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