COMMONWEALTH v. AUCLAIR


444 Mass. 348 (2005)

COMMONWEALTH vs. BRIAN AUCLAIR.

Supreme Judicial Court of Massachusetts, Middlesex.

May 26, 2005.


Attorney(s) appearing for the Case

Richard J. Shea for the defendant.

Loretta M. Lillios, Assistant District Attorney (Kevin L. Ryle, Assistant District Attorney, with her) for the Commonwealth.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, & CORDY, JJ.


IRELAND, J.

A Superior Court jury found the defendant guilty of murder in the first degree on a theory of extreme atrocity or cruelty in the death of the victim, a three and one-half month old infant girl. The defendant filed a motion for postverdict relief pursuant to Mass. R. Crim. P. 25 (b) (2), 378 Mass. 896 (1979), asking, inter alia, for a reduction in the verdict. The trial judge, stating that there was insufficient...

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