COMMONWEALTH v. BRITT


358 Mass. 767 (1971)

267 N.E.2d 223

COMMONWEALTH vs. ROBERT BRITT.

Supreme Judicial Court of Massachusetts, Suffolk.

March 2, 1971.


Attorney(s) appearing for the Case

Louis Goldstein for the defendant.

Robert Snider, Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., SPALDING, CUTTER, SPIEGEL, & BRAUCHER, JJ.


CUTTER, J.

Britt was indicted for the first degree murder of Carl Carrethers. A jury returned a verdict of guilty to so much of the indictment as charged murder in the second degree. Britt (in his appeal under G.L.c. 278, §§ 33A-33G) assigns as error the denial of motions for a directed verdict of not guilty. In this connection, he argues one point of evidence issue, discussed (with a statement of the pertinent facts) in part 2 of this opinion.

A...

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