COMMONWEALTH v. PODLASKI


377 Mass. 339 (1979)

385 N.E.2d 1379

COMMONWEALTH vs. ROBERT J. PODLASKI.

Supreme Judicial Court of Massachusetts, Suffolk.

February 21, 1979.


Attorney(s) appearing for the Case

Daniel J. O'Connell, III, for the defendant.

William J. Doyle, Assistant District Attorney, for the Commonwealth.

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


WILKINS, J.

We affirm the defendant's conviction of murder in the first degree and conclude that justice does not require the entry of a verdict of a lesser degree of guilt under G.L.c. 278, § 33E. The defendant's principal contention is that the evidence did not warrant submitting the case to the jury on the issue of murder in the first degree.

We summarize the evidence against the defendant. Shortly after 2 A.M. on May 3, 1977, Mr. and Mrs. Antonik...

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