COMMONWEALTH v. SHEPPARD


404 Mass. 774 (1989)

537 N.E.2d 583

COMMONWEALTH vs. DAVID K. SHEPPARD.

Supreme Judicial Court of Massachusetts, Suffolk.

May 1, 1989.


Attorney(s) appearing for the Case

Brownlow M. Speer, Committee for Public Counsel Services (Stephanie Page, Committee for Public Counsel Services, with him) for the defendant.

Laura Callahan Burnham, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, LIACOS, ABRAMS, NOLAN, & LYNCH, JJ.


LYNCH, J.

The defendant, David K. Sheppard, was convicted of involuntary manslaughter and unarmed robbery. We learn from a special verdict that the finding of involuntary manslaughter was based on assault and battery and not wanton or reckless conduct. The defendant appealed, and we transferred the case here on our own motion.

The defendant challenges his convictions on several grounds. He argues that (1) since the jury explicitly rejected the wanton or reckless...

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