COMMONWEALTH v. FITZPATRICK


16 Mass. App. Ct. 99 (1983)

449 N.E.2d 392

COMMONWEALTH vs. JOHN F. FITZPATRICK, JR.

Appeals Court of Massachusetts, Worcester.

May 25, 1983.


Attorney(s) appearing for the Case

Robert I. Warner for the defendant.

Lucia C. Scannell, Assistant District Attorney, for the Commonwealth.

Present: GRANT, CUTTER, & SMITH, JJ.


GRANT, J.

The defendant has appealed from his conviction by a jury of six on a complaint charging him with a violation of G.L.c. 266, § 30. We reverse for inexcusable error in the portion of the charge which purported to define reasonable doubt. We also consider a procedural question which may arise on retrial.

1. The judge's first attempt to define reasonable doubt consisted of an arguably passable variation on the "moral certainty" theme of Commonwealth...

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