COMMONWEALTH v. PLEASANT


366 Mass. 100 (1974)

315 N.E.2d 874

COMMONWEALTH vs. DANIEL J. PLEASANT.

Supreme Judicial Court of Massachusetts, Norfolk.

August 1, 1974.


Attorney(s) appearing for the Case

Joseph Sax for the defendant.

John P. Connors, Jr., Assistant District Attorney (Richard G. Hoffman, Assistant District Attorney, with him) for the Commonwealth.

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


HENNESSEY, J.

The defendant was tried on an indictment charging murder and convicted after a trial with jury of murder in the second degree. He brings this appeal under G.L.c. 278, §§ 33A-33G. For the reasons given below we reverse the conviction and remand the case to the Superior Court for a new trial.

While the defendant raises numerous assignments of error, in light of our conclusion they need not all be considered. We first discuss the facts...

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