COMMONWEALTH v. WHITE


363 Mass. 682 (1973)

296 N.E.2d 822

COMMONWEALTH vs. ROY W. WHITE, JR.

Supreme Judicial Court of Massachusetts, Middlesex.

June 4, 1973.


Attorney(s) appearing for the Case

Gerald Alch & John A. Daly for the defendant.

John J. Droney, District Attorney, Terence M. Troyer & Barbara A.H. Smith, Assistant District Attorneys, for the Commonwealth.

Present: TAURO, C.J., REARDON, BRAUCHER, KAPLAN, & WILKINS, JJ.


WILKINS, J.

The defendant appeals, under G.L.c. 278, §§ 33A-33G, from the denial of his motion for a new trial after a jury found him guilty of murder in the second degree (on an indictment charging murder in the first degree) and not guilty of armed robbery. He claims that the murder conviction should not be allowed to stand because the jury verdicts are inconsistent, arguing that "it is factually impossible for the defendant to have murdered the deceased...

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