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COMMONWEALTH v. CHILDS

23 Mass. App. Ct. 33 (1986)

499 N.E.2d 299

COMMONWEALTH vs. THOMAS W. CHILDS.

Appeals Court of Massachusetts, Suffolk.

October 17, 1986.

Attorney(s) appearing for the Case

D. Lloyd Macdonald for the defendant.

Judy G. Zeprun, Assistant District Attorney, for the Commonwealth.

Present: BROWN, KASS, & WARNER, JJ.

BROWN, J.

On the defendant's appeal, following his conviction of second degree murder on an indictment charging first degree murder, this court affirmed the judgment. See Commonwealth v. Childs, 20 Mass.App.Ct. 985 (1985). The defendant petitioned for a rehearing pursuant to Mass.R.A.P. 27, as amended, 395 Mass. 1110 (1985). After further argument, we now reverse the conviction.

The defendant...

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