COMMONWEALTH v. VATCHER


438 Mass. 584 (2003)

COMMONWEALTH v. CARL E. VATCHER

Supreme Judicial Court of Massachusetts, Essex.

January 28, 2003.


Attorney(s) appearing for the Case

Carol A. Donovan, Committee for Public Counsel Services, for the defendant.

Marcia H. Slingerland, Assistant District Attorney (Gerald P. Shea, Assistant District Attorney, with her) for the Commonwealth.

Present: MARSHALL, C.J., GREANEY, SOSMAN, & CORDY, JJ.


MARSHALL, C.J.

On June 21, 1999, the defendant, Carl E. Vatcher, fatally shot his eleven year old son, James. A Superior Court jury convicted him of murder in the first degree on a theory of deliberate premeditation. The defendant does not contest that the evidence supports the jury's verdict. Rather, on appeal, he argues that the trial judge's denial of his request for a voluntary manslaughter instruction was reversible error. The defendant also asks that we exercise...

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