COMMONWEALTH v. SMITH


427 Mass. 245 (1998)

COMMONWEALTH v. PAUL N. SMITH.

Supreme Judicial Court of Massachusetts, Plymouth.

April 13, 1998.


Attorney(s) appearing for the Case

Roger A. Cox for the defendant.

Robert C. Thompson, Assistant District Attorney, for the Commonwealth.

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


MARSHALL, J.

On July 29, 1965, a five year old girl residing in Middleboro was brutally sexually assaulted and murdered. The defendant was indicted on a charge of murder in the first degree and, in circumstances that we shall describe, ultimately found guilty by a jury in April, 1968. Thirty years later, the defendant makes three requests: that we reevaluate the judge's charge on reasonable doubt in light of changes in the...

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