COMMONWEALTH v. BEARSE


358 Mass. 481 (1970)

265 N.E.2d 496

COMMONWEALTH vs. FREDERICK BEARSE.

Supreme Judicial Court of Massachusetts, Plymouth.

December 30, 1970.


Attorney(s) appearing for the Case

Alton F. Lyon for the defendant.

Dennis L. Collari, Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., SPALDING, KIRK, REARDON, & QUIRICO, JJ.


KIRK, J.

The defendant was indicted for murder in the first degree, pleaded not guilty, was found guilty of murder in the second degree, and was sentenced to the Massachusetts Correctional Institution at Walpole for life. The trial was held subject to G.L.c. 278, §§ 33A-33G. The case is before us on a transcript of the evidence, a summary of the record and the defendant's assignments of error.

Certain facts are not disputed. On the evening of April...

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