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COMMONWEALTH v. ZITANO

23 Mass. App. Ct. 403 (1987)

502 N.E.2d 952

COMMONWEALTH vs. WALTER ZITANO.

Appeals Court of Massachusetts, Suffolk.

January 15, 1987.

Attorney(s) appearing for the Case

John G. Tardif for the defendant.

Kevin J. Ross, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, KAPLAN, & FINE, JJ.

PERRETTA, J.

When the jury returned a verdict of guilty on an indictment charging the defendant with the murder of his father, the trial judge, upon motion of the defendant and under authority of Mass.R.Crim.P. 25(b)(2), 378 Mass. 896 (1979), reduced that verdict from murder in the second degree to manslaughter. On cross appeals, the defendant alleges error in various rulings of the trial judge throughout the trial, and the Commonwealth claims an abuse of that discretion...

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