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COMMONWEALTH v. SZLACHTA

SJC-10870.

463 Mass. 37 (2012)

COMMONWEALTH v. MARION SZLACHTA.

Supreme Judicial Court of Massachusetts, Hampden.

July 27, 2012.

Attorney(s) appearing for the Case

Leslie W. O'Brien for the defendant.

Jane Davidson Montori, Assistant District Attorney, for the Commonwealth.

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

SPINA, J.

A jury in the Superior Court convicted the defendant, Marion Szlachta, of murder in the first degree on a theory of extreme atrocity or cruelty for the beating death of his housemate, Randy Lee Maleski, on July 8, 2008.1 At trial, the defendant conceded his guilt of murder, challenging only whether he was guilty of murder in the first degree or in the second degree. He sought a verdict of murder in the second degree on the ground...

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