COMMONWEALTH v. LEATE


352 Mass. 452 (1967)

225 N.E.2d 921

COMMONWEALTH vs. ARTHUR M. LEATE.

Supreme Judicial Court of Massachusetts, Plymouth.

April 28, 1967.


Attorney(s) appearing for the Case

Daniel J. O'Connor (Eben G. Townes with him) for the defendant.

A. Stanley Littlefield, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, SPIEGEL, & REARDON, JJ.


REARDON, J.

The defendant Arthur M. Leate appeals under G.L.c. 278, §§ 33A-33G, his conviction of murder in the second degree on an indictment which charged him with the murder of Reimundo Colon on August 28, 1965. The case is before this court on a summary of the record, a transcript of the evidence, and assignments of error. There was evidence as follows.

The defendant was a married man and the father of three children. On Saturday, August 28,...

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