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COMMONWEALTH v. DURAND

SJC-10356.

457 Mass. 574 (2010)

COMMONWEALTH v. ERIC J. DURAND.

Supreme Judicial Court of Massachusetts, Bristol.

August 19, 2010.

Attorney(s) appearing for the Case

Gary G. Pelletier for the defendant.

Shoshana Stern, Assistant District Attorney (Rachel J. Eisenhaure, Assistant District Attorney, with her) for the Commonwealth.

Present: MARSHALL, C.J., IRELAND, SPINA, BOTSFORD, & GANTS, JJ.

BOTSFORD, J.

A jury found the defendant, Eric J. Durand, guilty of murder in the first degree of Brendon Camara, the four year old son of the defendant's girl friend, on a theory of extreme atrocity or cruelty.1 The defendant was found guilty as well of assault and battery with a dangerous weapon, a plastic toy shark; the victim was again Brendon Camara. He appeals from his convictions and from the denial of his motion for a new trial...

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