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COMMONWEALTH v. LAPOINTE

No. 99-P-1088.

55 Mass. App. Ct. 799 (2002)

COMMONWEALTH v. LEO LAPOINTE, JR.

Court of Appeals of Massachusetts, Bristol.

September 12, 2002.

Attorney(s) appearing for the Case

Susan Murphy for the defendant.

Robert L. Goodale, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, C.J., GILLERMAN, PERRETTA, PORADA, & DUFFLY, JJ.

PORADA, J.

After his conviction for second degree murder was affirmed, Commonwealth v. Lapointe, 36 Mass.App.Ct. 909 (1994), the defendant filed two motions for a new trial. The principal thrust of both motions was that alleged errors in the judge's instructions created the possibility that the jury had convicted the defendant of murder on the basis of conduct that could have supported a verdict only of manslaughter, and that the defendant's trial and...

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