Commonwealth v. Lattimore

The defendant, James Lattimore, was convicted of murder in the first degree, assault with intent to commit murder, and assault and battery by means of a dangerous weapon. The defendant was identified by the surviving victim, Glen Smith, as the person who fatally shot one Robert “Red” Phillips. Smith also identified the defendant as the person who shot and wounded him. On appeal, the defendant argues error in the empanelment of the jury and denial of the effective assistance of counsel. The defendant at oral argument also has asked us to exercise our power under G. L. c. 278, § 33E (1984 ed.).…