COMMONWEALTH v. DEMPSEY

No. 93-P-1589.

49 Mass. App. Ct. 247 (2000)

COMMONWEALTH v. CLYDE JOHN F. DEMPSEY.

Court of Appeals of Massachusetts, Suffolk.

May 25, 2000.


Attorney(s) appearing for the Case

Janet H. Pumphrey for the defendant.

Rosemary Daly, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, C.J., SMITH, & BROWN, JJ.


ARMSTRONG, C.J.

The defendant was convicted of murder in the second degree and unlawful possession of a firearm.

Tensions between the defendant and the victim, Edgar Whidden, had been brewing in the course of a long evening of drinking at a barroom. Following the attempt of a bouncer to head off a fight, Whidden, who was taller and heavier than the defendant, approached and stood facing the defendant at a distance of three to four feet. The defendant fired...

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