Commonwealth v. Grassie

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After a jury trial, Defendant was convicted of murder in the second degree and assault and battery by means of a dangerous weapon. Defendant appealed, arguing that, based on the evidence presented at trial and the prosecutor’s closing argument, the judge erred in denying his motion for a required finding of not guilty and denying his motion to reduce the verdict to a conviction of manslaughter. The Supreme Judicial Court held (1) there was sufficient evidence to convict Defendant of murder in the second degree; (2) the prosecutor’s closing argument was not improper; and (3) because the trial judge did not state his reasons for denying Defendant’s motion to reduce the verdict and because the trial judge has since become a member of the Supreme Judicial Court, the part of the case regarding the motion to reduce the verdict is transferred to the county court to review anew Defendant’s motion. View "Commonwealth v. Grassie" on Justia Law