COMMONWEALTH v. BENOIT


410 Mass. 506 (1991)

410 N.E.2d 347

COMMONWEALTH vs. THOMAS W. BENOIT.

Supreme Judicial Court of Massachusetts, Barnstable.

July 1, 1991.


Attorney(s) appearing for the Case

J.W. Carney, Jr., for the defendant.

Russel J. Wilson, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, O'CONNOR, & GREANEY, JJ.


ABRAMS, J.

Convicted of murder in the first degree for the killing of his wife, Thomas W. Benoit appeals. Benoit argues that he is entitled to a new trial based on a substantial likelihood of a miscarriage of justice because (1) evidence of a telephone call he made to a telephone operator should not have been admitted because his statements were involuntary; (2) testimony from a psychiatrist who performed a competency examination was erroneously admitted in violation...

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