COMMONWEALTH v. SMITH


384 Mass. 519 (1981)

427 N.E.2d 739

COMMONWEALTH vs. HUBERT Lee SMITH, JR.

Supreme Judicial Court of Massachusetts, Suffolk.

October 29, 1981.


Attorney(s) appearing for the Case

Brian M. McMahon (Calvin J. Wier with him) for the defendant.

Thomas J. Mundy, Jr., Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, & LYNCH, JJ.


WILKINS, J.

The defendant challenges his conviction for murder in the first degree. He raises the issue of how long an offer made by the prosecutor during plea bargain negotiations remained open, when, as here, there was no detrimental reliance on the offer. The defendant claims that the prosecutor's offer permitted him to plead guilty to murder in the second degree even after the jury had retired and had come back to ask certain questions which implied that a verdict...

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