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Commonwealth v. Rolando De Los Santos

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eBook details

  • Title: Commonwealth v. Rolando De Los Santos
  • Author : Appeals Court of Massachusetts
  • Release Date : January 24, 1994
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

Evidence, Consciousness of guilt. Practice, Criminal, Instructions to jury. Homicide. Malice. Intent. Wilful, Wanton, or Reckless Conduct. DREBEN, J. The defendant was the caretaker of his three year old son and his eight week old daughter at the time of his daughter's death. The thrust of his appeal from his conviction of the second degree murder of his daughter is his claim of error in the Judge's instructions -- error both in the Judge's treatment of consciousness of guilt and in a supplemental instruction on manslaughter. While we consider any defect or omission in the instructions on consciousness of guilt harmless, we are constrained to reverse because the Judge's supplemental manslaughter charge contained improper comments on the evidence which may have prejudiced the defendant.


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