COMMONWEALTH v. BURKE


376 Mass. 539 (1978)

382 N.E.2d 192

COMMONWEALTH vs. JOHN A. BURKE.

Supreme Judicial Court of Massachusetts, Middlesex.

November 2, 1978.


Attorney(s) appearing for the Case

Robert A. Stanziani for the defendant.

Susan C. Mormino, Assistant District Attorney, for the Commonwealth.

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


WILKINS, J.

The defendant shot five people in a home in Cambridge in the early morning of September 5, 1976. Two of these people died. The defendant was convicted of murder in the first degree of one victim; murder in the second degree of another; and armed assault with intent to murder and assault and battery by means of a dangerous weapon as to the three surviving victims. The defendant did not deny that he shot the victims but claimed that he was not criminally...

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