COMMONWEALTH v. MASELLO


428 Mass. 446 (1998)

COMMONWEALTH v. JOHN F. MASELLO.

Supreme Judicial Court of Massachusetts, Essex.

December 9, 1998.


Attorney(s) appearing for the Case

Dana Alan Curhan for the defendant.

Adam Bookbinder, Assistant District Attorney (Gerald P. Shea, Assistant District Attorney, with him) for the Commonwealth.

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


MARSHALL, J.

On November 14, 1995, the defendant was convicted by a jury of the crime of murder in the first degree (G. L. c. 265, § 1) on the theory of deliberate premeditation. The victim was his twenty-four year old girl friend. The cause of death was a wound to the left side of her head from a gun fired at close range. The defense was that the gun had discharged accidentally.

Represented by new counsel on appeal, the defendant claims that the judge...

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