Commonwealth v. Labbe

The defendant was charged with the murder of his fifteen month old stepson, and a jury found him guilty of the lesser charge of manslaughter. He appeals that conviction under G. L. c. 278, §§ 33A-33G.

The evidence most favorable to the Commonwealth indicated that the stepson, Jason Goldings, was born July 28, 1973; that, the birth was normal and the baby was apparently healthy in every respect; and that he was seen by a doctor six times in his first six and a half months for well baby care during which time he exhibited no tendency towards traumatic injuries, easy bruising, or disease. In late…