COMMONWEALTH v. WESTMORELAND


388 Mass. 269 (1983)

446 N.E.2d 663

COMMONWEALTH vs. LEONARD WESTMORELAND.

Supreme Judicial Court of Massachusetts, Suffolk.

March 3, 1983.


Attorney(s) appearing for the Case

Elizabeth A. Lunt for the defendant.

Michael J. Traft, Assistant District Attorney (Paul J. McCallum, Legal Assistant to the District Attorney, with him) for the Commonwealth.

Present: HENNESSEY, C.J., ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


NOLAN, J.

The defendant appeals from a conviction of murder in the first degree and argues, inter alia, that he is entitled to a new trial because he was denied effective assistance of counsel. We agree.

The jury could have found the facts to be as follows. In July of 1978, the defendant and the victim established a residence together in Chelsea. Sometime thereafter the victim's two children moved in with their mother and the defendant. In December these four...

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