COMMONWEALTH v. TALBERT


357 Mass. 146 (1970)

256 N.E.2d 748

COMMONWEALTH vs. JAMES A. TALBERT.

Supreme Judicial Court of Massachusetts, Suffolk.

April 2, 1970.


Attorney(s) appearing for the Case

Robert A. Stanziani for the defendant.

Alan Chapman, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., SPALDING, KIRK, SPIEGEL, & REARDON, JJ.


KIRK, J.

The defendant was tried on an indictment charging the murder of Richard Long. The jury returned a verdict of guilty of murder in the second degree. The trial was subject to G.L.c. 278, §§ 33A-33G. The case is before us on the defendant's appeal and assignments of error.

There was evidence that the defendant and his wife attended a party in an apartment in Boston in the early morning of November 24, 1968. Long was present at the party, at...

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