Commonwealth v. Marler

The defendant, an acting police sergeant, has appealed from his convictions by a jury of assault and battery on separate indictments charging him with the commission of that offence on one Anderson and with the manslaughter of one Brown. See Commonwealth v. Burke, 342 Mass. 144 (1961), S.C., 344 Mass. 243, 244-245 (1962). 1. On the theory on which the Anderson indictment was tried and under the particulars filed by the prosecution with respect to the Brown indictment, neither offence could have been *1015committed until such time as the defendant (according to his testimony) had decided not to…