COMMONWEALTH v. DALEY

SJC-11067.

463 Mass. 620 (2012)

COMMONWEALTH v. PAUL M. DALEY.

Supreme Judicial Court of Massachusetts, Norfolk.

October 26, 2012.


Attorney(s) appearing for the Case

Pamela Alford , Assistant District Attorney, for the Commonwealth.

George C. McMahon ( Joseph F. Flaherty with him) for the defendant.

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


IRELAND, C.J.

We granted the Commonwealth's application for direct appellate review to determine whether the crime of leaving the scene of an accident where death resulted requires the Commonwealth to prove that the defendant knew he collided with a person. G. L. c. 90, § 24 (2) (a ½) (2). Because the Superior Court judge initially agreed with the Commonwealth that it had no such burden, he found the defendant guilty. However, the judge allowed the...

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