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COMMONWEALTH v. RUSSELL

SJC-11602

470 Mass. 464 (2015)

COMMONWEALTH v. GERALD RUSSELL.

Supreme Judicial Court of Massachusetts, Essex.

January 26, 2015.

Attorney(s) appearing for the Case

Eric S. Brandt, Committee for Public Counsel Services, for the defendant.

Kenneth E. Steinfield, Assistant District Attorney, for the Commonwealth.

Alex G. Philipson, amicus curiae, submitted a brief.

Bruce Ferg, amicus curiae, submitted a brief.

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

"Then, what is reasonable doubt? It is a term often used, probably pretty well understood, but not easily defined." Commonwealth v. Webster, 5 Cush. 295, 320 (1850). So begins the venerable Webster charge on reasonable doubt. The Webster charge informs the jury that a reasonable doubt exists when "they cannot...

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