COMMONWEALTH v. BARTON


367 Mass. 515 (1975)

326 N.E.2d 885

COMMONWEALTH vs. KENNETH L. BARTON.

Supreme Judicial Court of Massachusetts, Suffolk.

April 28, 1975.


Attorney(s) appearing for the Case

David M. Skeels for the defendant.

Robert J. McKenna, Jr., Assistant District Attorney (William A. Doherty, Assistant District Attorney, with him) for the Commonwealth.

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


TAURO, C.J.

The defendant was convicted of manslaughter on an indictment charging murder in the second degree. He appealed pursuant to G.L.c. 278, §§ 33A-33G, and the Appeals Court affirmed the judgment. Commonwealth v. Barton, 2 Mass.App.Ct. 898 (1974). We granted the defendant's application for further appellate review and we affirm the judgment of the Superior Court.

Briefly, the jury could have found the following: The defendant...

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