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COMMONWEALTH v. AVELLAR

416 Mass. 409 (1993)

622 N.E.2d 625

COMMONWEALTH vs. ERIC A. AVELLAR.

Supreme Judicial Court of Massachusetts, Bristol.

November 12, 1993.

Attorney(s) appearing for the Case

Wendy Sibbison for the defendant.

Cynthia A. Vincent, Assistant District Attorney, for the Commonwealth.

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

O'CONNOR, J.

A jury found the defendant guilty of the murder in the first degree of his infant son Shawn based on extreme atrocity or cruelty. The judge sentenced the defendant to life in prison, and the defendant appeals.1 The defendant makes the following arguments: (1) "Since the evidence required the jury to speculate as to when the fatal blow was delivered and as to who delivered it, [the defendant] is entitled to an acquittal"; ...

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