COMMONWEALTH v. DOSTIE


425 Mass. 372 (1997)

COMMONWEALTH v. SANDRA DOSTIE.

Supreme Judicial Court of Massachusetts, Hampshire.

July 10, 1997.


Attorney(s) appearing for the Case

Charles K. Stephenson for the defendant.

Judith Ellen Pietras, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., ABRAMS, LYNCH, FRIED, & MARSHALL, JJ.


MARSHALL, J.

A Hampshire County jury found the defendant, Sandra Dostie, guilty of murder in the first degree of her five year old stepson, Eric Dostie, by reason of deliberate premeditation. On appeal, the defendant argues that, because the Commonwealth's case rested exclusively on circumstantial evidence, the judge's instructions on the law governing inferences created a substantial likelihood of a miscarriage of justice. The defendant also asks that we reduce the...

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