COMMONWEALTH v. LEWINSKI


367 Mass. 889 (1975)

329 N.E.2d 738

COMMONWEALTH vs. WALTER M. LEWINSKI.

Supreme Judicial Court of Massachusetts, Suffolk.

June 3, 1975.


Attorney(s) appearing for the Case

Kenneth Weiss for the defendant.

Thomas J. Mundy, Assistant District Attorney, for the Commonwealth.

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


KAPLAN, J.

In a case appealed subject to G.L.c. 278, §§ 33A-33G, the defendant Walter M. Lewinski was tried to a jury in the Superior Court and convicted on an indictment for murder in the second degree of a young woman. The defendant seeks reversal of the conviction for any of three claimed errors assigned and argued: (1) that the trial judge, although charging the jury on murder in the second degree and voluntary manslaughter, refused erroneously to charge...

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