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COMMONWEALTH v. CLARK

393 Mass. 361 (1984)

471 N.E.2d 349

COMMONWEALTH vs. RUSSELL CLARK.

Supreme Judicial Court of Massachusetts, Plymouth.

November 21, 1984.

Attorney(s) appearing for the Case

Robert S. Sinsheimer, Assistant District Attorney (Bruce W. Edmands, Assistant District Attorney, with him) for the Commonwealth.

David G. Nagle, Jr., for the defendant.

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

HENNESSEY, C.J.

On September 2, 1981, the defendant was indicted for manslaughter in the death of three year old Nicholas DiStefano. The child died on August 14, 1981, from injuries suffered as the result of beatings administered by his mother, Catherine DiStefano, on August 8, 1981. She was subsequently convicted of murder in the second degree and sentenced to life imprisonment. For the ten months preceding the victim's death,

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