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COMMONWEALTH v. SCHNOPPS

383 Mass. 178 (1981)

417 N.E.2d 1213

COMMONWEALTH vs. GEORGE A. SCHNOPPS.

Supreme Judicial Court of Massachusetts, Berkshire.

March 16, 1981.

Attorney(s) appearing for the Case

John F. Rogers (David O. Burbank with him) for the defendant.

Francis X. Spina, Assistant District Attorney (Anthony J. Ruberto, Jr., District Attorney, with him) for the Commonwealth.

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

ABRAMS, J.

On October 13, 1979, Marilyn R. Schnopps was fatally shot by her estranged husband George A. Schnopps. A jury convicted Schnopps of murder in the first degree, and he was sentenced to the mandatory term of life imprisonment.1 Schnopps claims that the trial judge erred by refusing to instruct the jury on voluntary manslaughter. We agree. We reverse and order a new trial.

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