Commonwealth v. Podkowka

The defendant was convicted of murder in the first degree on the theory of extreme atrocity or cruelty, two counts of assault and battery on a child under fourteen years (causing substantial bodily injury), and two counts of assault and battery on a child under fourteen years (causing bodily injury). The victim was the defendant’s seven week old infant daughter. On appeal the defendant alleges error in (1) the denial of his right to cross-examine the infant’s mother regarding her motive for killing the infant; (2) the deprivation of his right to present evidence that the infant’s mother had…