LIACOS, J.
After a trial in the Superior Court in Middlesex County, a jury found the defendant, Kevin Dyke, guilty of murder in the second degree. On defense counsel's motion, the trial judge reduced the verdict to manslaughter, under the authority of Mass. R. Crim. P. 25 (b) (2), 378 Mass. 896 (1979). The defendant appealed his conviction on two grounds. He first argued that the trial judge erred in finding, by a preponderance of the evidence rather than beyond a...
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