CONNOLLY v. COMMONWEALTH


377 Mass. 527 (1979)

387 N.E.2d 519

DANIEL R. CONNOLLY vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

March 16, 1979.


Attorney(s) appearing for the Case

Allen Bress (John Leubsdorf with him) for the plaintiff.

Barbara A.H. Smith, Assistant Attorney General, for the Commonwealth.

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


KAPLAN, J.

By petition for writ of error, lodged in the Supreme Judicial Court for the county of Suffolk, Daniel Connolly has alleged that the judge's instructions to the jury at his 1968 trial for murder placed on him, illegally, the burden of proving that he acted in self-defense (exception was not taken at the trial; this was before the development of the constitutional law on the subject). By agreement with the Commonwealth, the record on the petition consists...

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