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COMMONWEALTH v. WHITAKER

SJC-10228.

460 Mass. 409 (2011)

COMMONWEALTH v. JOSHUA WHITAKER.

Supreme Judicial Court of Massachusetts, Hampden.

August 19, 2011.

Attorney(s) appearing for the Case

Leslie W. O'Brien for the defendant.

Katherine E. McMahon , Assistant District Attorney, for the Commonwealth.

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

GANTS, J.

On the evening of August 15, 2006, the victim, Kelsea Owens, was found brutally beaten to death in the yard behind the defendant's house. A jury in the Superior Court convicted the defendant of murder in the first degree on the theories of deliberate premeditation and extreme atrocity or cruelty. The defendant filed a motion to reduce the verdict to murder in the second degree under Mass. R. Crim. P. 25 (b) (2...

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