Commonwealth v. Childs

On the defendant’s appeal, following his conviction of second degree murder on an indictment charging first degree murder, this court affirmed the judgment. See Commonwealth v. Childs, 20 Mass. App. Ct. 985 (1985). The defendant petitioned for a rehearing pursuant to Mass.R.A.P. 27, as amended, 395 Mass. 1110 (1985). After further argument, we now reverse the conviction.

The defendant asserts on rehearing that, in view of what he deems erroneous rulings by the trial judge on his motions to keep his prior convictions from the jury, he found himself compelled to bring forth in the course of his…