Commonwealth v. DePace

After his conviction of murder in the first degree on the theory of extreme atrocity or cruelty was reversed and the case remanded for a new trial, see Commonwealth v. DePace, 433 Mass. 379 (2001), the defendant again was tried and convicted of murder in the first degree based on extreme atrocity or cruelty. On appeal he alleges error in the denial of his motion to dismiss the indictment for failure to specify the theories of murder in the first degree on which the grand jury determined the indictment would issue, and error in the exclusion of evidence of the reversal of his prior conviction…