Commonwealth v. Peters

The defendant appeals pursuant to G. L. c. 278, §§ 33A-33G, from judgments of conviction entered on verdicts of guilty of murder in the second degree (the indictment having charged murder in the first degree), assault with intent to murder, and assault by means of a dangerous weapon. Two points are argued: (1) that the trial judge erred in denying a defense motion to quash the jury venire on grounds of its unconstitutional composition (or to extend time to enable counsel to establish the claimed grounds); (2) that the judge erred in an instruction to the jury with respect to manslaughter (to…