COMMONWEALTH v. LABBE


6 Mass. App. Ct. 73 (1978)

373 N.E.2d 227

COMMONWEALTH vs. RUSSELL G. LABBE.

Appeals Court of Massachusetts, Barnstable.

February 28, 1978.


Attorney(s) appearing for the Case

Joseph F. Flynn, for the defendant.

Philip A. Rollins, District Attorney (Gary A. Nickerson, Assistant District Attorney, with him) for the Commonwealth.

Present: HALE, C.J., ARMSTRONG, & BROWN, JJ.


ARMSTRONG, J.

The defendant was charged with the murder of his fifteen month old stepson, and a jury found him guilty of the lesser charge of manslaughter. He appeals that conviction under G.L.c. 278, §§ 33A-33G.

The evidence most favorable to the Commonwealth indicated that the stepson, Jason Goldings, was born July 28, 1973; that the birth was normal and the baby was apparently healthy in every respect; and that he was seen by a doctor six times...

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