Commonwealth v. Sheppard

The defendant, David K. Sheppard, was convicted of involuntary manslaughter and unarmed robbery. We learn from a special verdict that the finding of involuntary manslaughter was based on assault and battery and not wanton or reckless conduct. The defendant appealed, and we transferred the case here on our own motion.

The defendant challenges his convictions on several grounds. He argues that (1) since the jury explicitly rejected the wanton or reckless theory of involuntary manslaughter, his conviction must be reversed; (2) there was no evidence warranting the inference that the defendant took…