COMMONWEALTH v. DAVIS


364 Mass. 555 (1974)

307 N.E.2d 6

COMMONWEALTH vs. MANUEL G. DAVIS.

Supreme Judicial Court of Massachusetts, Suffolk.

February 5, 1974.


Attorney(s) appearing for the Case

Daniel J. O'Connell for the defendant.

Paul V. Buckley, Assistant District Attorney (Sandra Lee Hamlin with him) for the Commonwealth.

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


BRAUCHER, J.

The defendant was indicted for murder in the first degree, and was convicted of murder in the second degree. His appeal under G.L.c. 278, §§ 33A-33G, presents an insubstantial argument that the evidence did not warrant a finding of malice aforethought and an application for the exercise of our powers under G.L.c. 278, § 33E. After some soul-searching because of inadequacies in the presentation of the defendant's case in this court, we affirm...

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