KAPLAN, J.
Indicted for murder in the first degree, the defendant upon jury trial was convicted of murder in the second degree. He appeals the conviction, claiming error in a part of the judge's instructions and in the judge's failure to charge on simple assault and battery as a "lesser included" offense.
The jury could have accepted as true the substance of the Commonwealth's case in chief, which ran as follows. A week before the fatal shooting on September...
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