Commonwealth v. Myers

On an indictment charging the defendant with murder in the first degree, the Commonwealth moved for trial on so much of it as chárgéd murder in the second degree. Convicted of murder in the second degree, the defendant appealed. G. L. c. 278, §§ 33A-33G.

We shall state only so much of the evidence as will furnish a background for the questions presented. On the evening of March 30,1968, there was a dance in the recreation hall of St. Hugh’s Church in Roxbury. Attending the dance, among others, were Florette Johnson, Stephen Myers, and the victim of the homicide, Stephen Dunning. Around 10:30…