COMMONWEALTH v. FRATUS.


385 Mass. 551 (1982)

432 N.E.2d 710

COMMONWEALTH vs. EMILE FRATUS, JR.

Supreme Judicial Court of Massachusetts, Bristol.

March 12, 1982.


Attorney(s) appearing for the Case

Phillip L. Weiner, Assistant District Attorney, for the Commonwealth.

Kenneth L. Sullivan, for the defendant, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, LYNCH, & O'CONNOR, JJ.


ABRAMS, J.

On July 21, 1977, the defendant fatally struck Shawn Gillett, an infant approximately five and one-half months old. In 1980,1 after trial by jury, the defendant was convicted of murder in the second degree on an indictment charging murder (comprehending murder in the first degree). In accordance with Commonwealth v. Davis, 380 Mass. 1

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