COMMONWEALTH v. O'BRIEN


377 Mass. 772 (1979)

388 N.E.2d 658

COMMONWEALTH vs. ROBERT H. O'BRIEN.

Supreme Judicial Court of Massachusetts, Middlesex.

April 6, 1979.


Attorney(s) appearing for the Case

Alfred P. Farese (Neil P. Philbin with him) for the defendant.

Michael J. McHugh, Legal Assistant to the District Attorney, for the Commonwealth.

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


WILKINS, J.

On November 13, 1974, the defendant, a member of the bar of the Commonwealth, fatally shot his wife at the office of his attorney, Mr. Ralph Champa, in Somerville. The shooting brought to an abrupt conclusion a heated discussion concerning a separation agreement and a divorce. At trial, the defendant did not deny that he shot his wife, but he asserted that he was not criminally responsible for his act. The twenty-day trial concluded with a jury verdict...

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