Legal Opinion
Commonwealth v. Fitzgerald
Massachusetts Supreme Judicial Court
Decided June 10, 1980PublishedCited by 78 opinions
1Opinion of the CourtWilkins, J.
The defendant appeals from two convictions of murder in the second degree, and convictions of unlawfully carrying a firearm and of armed assault with intent to murder. He argues three assignments of error in support of his claim for a new trial and, each of those failing, asks that we direct the entry of verdicts of guilty of manslaughter on the murder convictions pursuant to our authority under G. L. c. 278, § 33E. We affirm the convictions and find no justification for directing the entry of verdicts of manslaughter in lieu of the verdicts of guilty of murder in the second degree. As we…
2Cases cited31 opinions
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Mullaney v. WilburSupreme Court of the United States · 1975
- Commonwealth v. HarringtonMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. RodriguezMassachusetts Supreme Judicial Court · 1976
- Commonwealth v. StokesMassachusetts Supreme Judicial Court · 1978
26 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- Kowalski v. GagneCourt of Appeals for the First Circuit · 1990
- Commonwealth v. DoucetteMassachusetts Supreme Judicial Court · 1984
- Commonwealth v. MandevilleMassachusetts Supreme Judicial Court · 1982
- Commonwealth v. RepozaMassachusetts Supreme Judicial Court · 1980
- DeJoinville v. CommonwealthMassachusetts Supreme Judicial Court · 1980
73 more not listed; retrieve them via the Exa API.