Commonwealth v. Stewart

This is an indictment on which the defendant has been found guilty of murder in the first degree. The case comes before us under the practice established by St. 1925, c. 279.

The defendant has been permitted to introduce the testimony of a person, who qualified as an expert, to the effect that from an examination it was his opinion that the mental level of the defendant “would be somewhere around twelve *13years of age . . . that he was not insane nor feeble minded, but low grade mental capacity, just above the feeble minded level.” This evidence was suffered to remain in the case notwithstanding…