COMMONWEALTH v. CULLEN


395 Mass. 225 (1985)

479 N.E.2d 179

COMMONWEALTH vs. FRANCIS E. CULLEN, JR.

Supreme Judicial Court of Massachusetts, Norfolk.

June 19, 1985.


Attorney(s) appearing for the Case

Maureen S. Duggan for the defendant.

Charles J. Hely, Assistant District Attorney (David C. Phalen, Assistant District Attorney, with him) for the Commonwealth.

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


ABRAMS, J.

After a jury-waived trial in which the sole issue was the defendant's criminal responsibility, the defendant, Francis E. Cullen, Jr., was convicted of assault with intent to murder (two counts), assault and battery by means of a dangerous weapon (two counts), and unlawfully carrying a firearm. The defendant appealed his convictions claiming that although "there may be some evidence supporting a conclusion of sanity ... [t]he Commonwealth did not produce...

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