COMMONWEALTH v. PEARSALL


370 Mass. 413 (1976)

348 N.E.2d 428

COMMONWEALTH vs. RAPHAEL W. PEARSALL.

Supreme Judicial Court of Massachusetts, Suffolk.

June 8, 1976.


Attorney(s) appearing for the Case

Michael D. Cutler for the defendant.

Kathleen M. Curry, Assistant District Attorney, for the Commonwealth.

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


BRAUCHER, J.

Indicted for murder in the first degree, the defendant was convicted of murder in the second degree of his estranged wife and two-year-old son. He appeals under G.L.c. 278, §§ 33A-33G, assigning error in the admission of evidence of a spontaneous utterance by his four-year-old son and of an in-court identification by a boy who was thirteen years old at the time of the crimes. We hold that there was no error, decline to disturb the convictions...

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