COMMONWEALTH v. GOULET


374 Mass. 404 (1978)

372 N.E.2d 1288

COMMONWEALTH vs. ROGER THOMAS GOULET.

Supreme Judicial Court of Massachusetts, Essex.

February 16, 1978.


Attorney(s) appearing for the Case

Harvey Brower for the defendant.

Michael T. Stella, Jr., Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, LIACOS, & ABRAMS, JJ.


KAPLAN, J.

At trial in October, 1975, the defendant was convicted of murder in the second degree. He appeals pursuant to G.L.c. 278, §§ 33A-33G. There was solid proof that he shot and killed Marlene Saalfrank. Criminal irresponsibility at the time of commission of the act, however, was raised as a defense, and in that connection we hold that the judge committed errors which oblige us to reverse the judgment. We also discuss other matters that may arise on...

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