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COMMONWEALTH v. BURKE

342 Mass. 144 (1961)

172 N.E.2d 605

COMMONWEALTH vs. JOHN M. BURKE.

Supreme Judicial Court of Massachusetts, Suffolk.

February 27, 1961.

Attorney(s) appearing for the Case

Angelo Morello, Assistant District Attorney, (Joseph A. McDonough with him,) for the Commonwealth.

Thomas E. Dwyer, (John J. White with him,) for the defendant.

Present: WILKINS, C.J., SPALDING, WILLIAMS, WHITTEMORE, & CUTTER, JJ.

WILLIAMS, J.

This is an indictment charging that on September 28, 1957, at Revere in the county of Suffolk the defendant "did assault and beat one Marie F. Burke, with intent to murder her, and by such assault and beating did kill and murder the said Marie F. Burke." It contains the statement that "the defendant is guilty of murder in the second degree and not in the first degree." At the trial the judge instructed the jury...

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