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COMMONWEALTH v. TRAYLOR

No. 90-P-44.

29 Mass. App. Ct. 584 (1990)

563 N.E.2d 243

COMMONWEALTH vs. NAPIER TRAYLOR.

Appeals Court of Massachusetts, Suffolk.

December 4, 1990.

Attorney(s) appearing for the Case

Mary Ann Driscoll for the defendant.

Jane A. Donohue, Assistant District Attorney, for the Commonwealth.

Present: KASS, KAPLAN, & JACOBS, JJ.

KASS, J.

When they began to fight, neither the defendant nor the victim was armed. During a suspension of their battle, the defendant walked over to a duffel bag he had deposited nearby, pulled out a long knife, plunged it into the chest of the surprised victim (whose attention had been diverted by shouts from an upstairs window) and killed him. At the time of the incident, the defendant was sixteen years old. He was

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