COMMONWEALTH v. BENJAMIN


369 Mass. 770 (1976)

343 N.E.2d 402

COMMONWEALTH vs. FRANK A. BENJAMIN, JR.

Supreme Judicial Court of Massachusetts, Worcester.

February 26, 1976.


Attorney(s) appearing for the Case

Daniel F. Toomey for the defendant.

John M. O'Connor, Assistant District Attorney, for the Commonwealth.

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


BRAUCHER, J.

The defendant, who was charged with the murder of his wife, appeals from a conviction of murder in the second degree. He claims error in three respects: (1) instructions to the jury as to discussion during trial, (2) failure to instruct the jury that evidence of a prior attack was admitted for a limited purpose, (3) withdrawal from the jury of the possibility of a manslaughter verdict. He also asks (4) that we direct the entry of a verdict of guilty of...

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