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COMMONWEALTH v. LECLAIR.

445 Mass. 734 (2006)

COMMONWEALTH vs. PAUL H. LECLAIR.

Supreme Judicial Court of Massachusetts, Worcester.

January 11, 2006.

Attorney(s) appearing for the Case

Chauncey B. Wood for the defendant.

David Waterfall, Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Debra S. Krupp, Committee for Public Counsel Services, for Committee for Public Counsel Services.

Timothy J. Cruz, District Attorney, & Robert C. Thompson, Assistant District Attorney, for District Attorney for the Plymouth District.

William M. Bennett, District Attorney, Jane Davidson Montori & Katherine E. McMahon, Assistant District Attorneys, for District Attorney for the Hampden District & others.

Present: Marshall, C.J., Greaney, Ireland, Spina, & Cordy, JJ.

GREANEY, J.

The defendant was indicted for murder in the first degree in connection with the stabbing death of his wife. A jury in the Superior Court convicted him of murder in the second degree. On this appeal, he argues that a written incriminating statement he gave to State police investigators should have been suppressed, and that his request for a voluntary manslaughter instruction was improperly denied because he had acted in heat of passion caused by a third...

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