Commonwealth v. Newball

The defendant was tried before a jury in the Superior Court and found guilty of murder in the first degree, G. L. c. 265, § 1 (1986 ed.), and of breaking and entering a dwelling house in the nighttime with the intent to commit a felony and committing an assault on a person lawfully therein, G. L. c. 266, § 14 (1986 ed.). On appeal, the defendant contends that the judge erred in admitting testimony of witnesses to the victim’s hearsay statements accusing the defendant of having committed prior crimes and. of violently attacking the victim.

We summarize the facts as they may have appeared to the…