SMITH, J.
A Worcester County grand jury indicted the defendant for murder in the first degree and for assault and battery by means of a dangerous weapon, to wit: a rock and a bat. At trial, the Commonwealth presented two theories of murder in the first degree: (1) premeditation and (2) extreme atrocity or cruelty. The jury returned guilty verdicts of murder in the second degree and assault and battery by means of a dangerous weapon (the bat).
On appeal, the...
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