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COMMONWEALTH v. MASKELL

403 Mass. 111 (1988)

526 N.E.2d 756

COMMONWEALTH vs. ROBERT G. MASKELL.

Supreme Judicial Court of Massachusetts, Essex.

August 1, 1988.

Attorney(s) appearing for the Case

Thomas G. Shapiro (Charles W. Rankin with him) for the defendant.

Judith Fabricant, Special Assistant District Attorney (David W. Duncan, Assistant District Attorney, with her) for the Commonwealth.

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

LIACOS, J.

Convicted of murder in the first degree, the defendant brings this appeal pursuant to G.L.c. 278, § 33E (1986 ed.). The claims of error are addressed solely to the judge's charge to the jury. Should there be reversible error, the parties have agreed that we should exercise our discretionary power under § 33E to reduce the defendant's conviction to manslaughter (G.L.c. 265, § 13 [1986 ed.]), rather...

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