COMMONWEALTH v. BARRETT


1 Mass. App. Ct. 332 (1973)

296 N.E.2d 712

COMMONWEALTH vs. MELVIN BARRETT.

Appeals Court of Massachusetts, Suffolk.

May 31, 1973.


Attorney(s) appearing for the Case

Richard J. Vita (Robert V. Greco with him) for the defendant.

William A. Doherty, Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., KEVILLE, & GRANT, JJ.


HALE, C.J.

At a trial held subject to G.L.c. 278, §§ 33A-33G, before a Superior Court judge and jury, the defendant was convicted under an indictment charging him with second degree murder. He was sentenced to life imprisonment. The case is before us on the defendant's assignment of errors.

From the evidence the jury could have found as follows. During the afternoon of February 1, 1967, the defendant and the victim, Laurence Hatch, were playing pool...

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