Commonwealth v. McGee
Annotate this CaseA grand jury indicted Defendant for the murder of his wife, who was choked and stabbed to death in the couple’s apartment. The killing was witnessed by the couple’s three and one-half year old son. During trial, Defendant did not dispute that he had killed his wife but asserted only that he had done so in the heat of passion after finding that his wife had remained in contact with other lovers. After a twelve-day trial, Defendant was convicted of murder in the first degree on a theory of deliberate premeditation. The Supreme Judicial Court affirmed the conviction, holding (1) the trial judge did not abuse her discretion in allowing Defendant’s son to demonstrate, on a couch in the court room, how the victim had been positioned while Defendant was choking her; and (2) the trial court did not err in prohibiting defense counsel from using a police report to refresh the recollection of a witness regarding a sexual overture made by the victim.
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