COMMONWEALTH v. EARLE

No. SJC-10655.

458 Mass. 341 (2010)

COMMONWEALTH v. MARGARET A. EARLE.

Supreme Judicial Court of Massachusetts, Plymouth.

November 18, 2010.


Attorney(s) appearing for the Case

Michael R. Schneider for the defendant.

Gail M. McKenna , Assistant District Attorney, for the Commonwealth.

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


COWIN, J.

In 2005, the defendant was convicted by a Superior Court jury of murder in the second degree for the death of her twenty-one month old daughter, who died in March, 1985. We allowed the defendant's application for direct appellate review. The defendant claims on appeal that (1) the evidence of malice was legally insufficient; (2) the Superior Court judge erred in refusing to give a manslaughter instruction; (3) the prosecutor's closing arguments created a...

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