COMMONWEALTH v. GAGNE


367 Mass. 519 (1975)

326 N.E.2d 907

COMMONWEALTH vs. RICHARD JOSEPH GAGNE.

Supreme Judicial Court of Massachusetts, Hampden.

April 28, 1975.


Attorney(s) appearing for the Case

William K. Danager, Jr. (Daniel M. Keyes, Jr., with him) for the defendant.

John T. McDonough, Assistant District Attorney, for the Commonwealth.

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


TAURO, C.J.

The defendant was convicted of murder in the second degree and appeals pursuant to G.L.c. 278, §§ 33A-33G. He assigns as error (1) the trial judge's failure to direct a verdict on so much of the indictment as charged murder, (2) the judge's refusal to grant a new trial, and (3) the instructions to the jury on malice and self-defense. We find no error and affirm the judgment below.

The evidence at the trial was contradictory, with the...

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