COMMONWEALTH v. DONAHUE


430 Mass. 710 (2000)

COMMONWEALTH v. EDWARD W. DONAHUE.

Supreme Judicial Court of Massachusetts, Middlesex.

February 3, 2000.


Attorney(s) appearing for the Case

Richard J. Shea for the defendant.

Thomas D. Ralph, Assistant District Attorney (Melissa Weisgold Johnsen, Assistant District Attorney, with him) for the Commonwealth.

Present: MARSHALL, C.J., ABRAMS, LYNCH, GREANEY, IRELAND, SPINA, & COWIN, JJ.


SPINA, J.

The defendant was convicted of murder in the first degree under theories of deliberate premeditation and extreme atrocity or cruelty. On appeal, he claims that (1) the affidavit offered in support of the application for the search warrant for his home and car failed to establish probable cause; and (2) pursuant to G. L. c. 278, § 33E, this court should reduce the verdict to murder in the second degree or order a new trial because the evidence of premeditation...

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