COMMONWEALTH v. PAPADINIS


23 Mass. App. Ct. 570 (1987)

503 N.E.2d 1334

COMMONWEALTH vs. JAMES M. PAPADINIS.

Appeals Court of Massachusetts, Essex.

February 27, 1987.


Attorney(s) appearing for the Case

Albert L. Hutton, Jr., for the defendant.

Elin H. Graydon, Assistant District Attorney (Robert N. Weiner, Assistant District Attorney, with her) for the Commonwealth.

Present: GRANT, PERRETTA, & KASS, JJ.


KASS, J.

There is an initial question whether the evidence offered as bearing on the defendant's state of mind was wrongly excluded. We decide that it was and inquire next whether, considering the theory of the defense and the jury's verdict, the error was harmless.

The case is a grim and tragic one.

On June 18, 1985, about 2:30 A.M., Harold Vitale, a Saugus police officer, stopped for minor traffic...

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