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COMMONWEALTH v. DUNTON

397 Mass. 101 (1986)

489 N.E.2d 1012

COMMONWEALTH vs. JERRY A. DUNTON.

Supreme Judicial Court of Massachusetts, Worcester.

March 13, 1986.

Attorney(s) appearing for the Case

Eric Brandt, Committee for Public Counsel Services, for the defendant.

Katherine E. McMahon, Assistant District Attorney, for the Commonwealth.

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

ABRAMS, J.

Convicted of the murder in the first degree of his pregnant wife, the defendant, Jerry A. Dunton, appeals. On appeal, the defendant asserts error in the denial of his request that the judge instruct the jurors on involuntary manslaughter. Pursuant to G.L.c. 278, § 33E (1984 ed.), he also asks that we direct the entry of a verdict of manslaughter because the judge did not instruct the jurors that they could consider evidence of mental impairment as...

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