COMMONWEALTH v. SHELLEY

SJC-12209.

477 Mass. 642 (2017)

COMMONWEALTH v. WALTER SHELLEY.

Supreme Judicial Court of Massachusetts, Middlesex.

August 24, 2017.


Attorney(s) appearing for the Case

Robert L. Sheketoff for the defendant.

Laura Kirshenbaum , Assistant District Attorney, for the Commonwealth.

Present: GANTS, C.J., LENK, HINES, GAZIANO, LOWY, BUDD, & CYPHER, JJ.


We now address whether a defendant charged with murder is entitled to an instruction on the lesser included offense of manslaughter, even when the statute of limitations for manslaughter has lapsed. We conclude that, under Massachusetts law, a defendant is not entitled to a lesser included offense instruction when the defendant cannot be...

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