Commonwealth v. Collins

The defendant has appealed from his conviction of the murder in the second degree of a fourteen week old boy. We affirm the conviction.

The jury could have found the following facts. The defendant, the live-in boyfriend of the infant’s mother, was alone with the infant on the evening of August 26, 1985. The defendant told the police that he became “aggravated [and] pissed off [with the infant] cuz he wouldn’t stop crying.” The defendant “jerkfed] the baby from [his] swing, striking the baby’s head at the top bar ... he [then] held the baby up in front of him and shook him and squeezed him . .…