COMMONWEALTH v. RUSSELL


2 Mass. App. Ct. 293 (1974)

311 N.E.2d 581

COMMONWEALTH vs. ARTHUR E. RUSSELL.

Appeals Court of Massachusetts, Suffolk.

May 23, 1974.


Attorney(s) appearing for the Case

Francis X. Bellotti, for the defendant, submitted a brief.

Thomas F. Reardon, Assistant District Attorney (Robert J. McKenna, Jr., Legal Assistant to the District Attorney, with him) for the Commonwealth.

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


KEVILLE, J.

The defendant was indicted for manslaughter and found guilty by a jury after a trial made subject to the provisions of G.L.c. 278, §§ 33A-33G. There was evidence that on the evening of October 16, 1971, Paul Desmond, twenty-three years old, a resident of Charlestown, while walking along Main Street, was forced into a fist fight by a William Kelly. Two of Kelly's friends, John Burke and the defendant Arthur Russell, joined the fight. Kelly, Burke...

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