Commonwealth v. Dowds
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In this appeal from a judgment of conviction against Defendant of murder in the first degree the Supreme Judicial Court exercised its authority under Mass. Gen. Laws ch. 278, 33E to reduce the degree of guilt to murder in the second degree, holding that the interests of justice required that the degree of guilt be reduced under the circumstances of this case.
A jury found Defendant guilty of murder int he first degree on theories of extreme atrocity or cruelty and felony-murder predicated on armed robbery. On appeal, Defendant challenged the trial court's denial of his motion for a new trial on grounds of ineffective assistance of counsel and the denial of his motion to reopen and reconsider that motion. The Supreme Judicial Court affirmed the judgment of the trial court as to the decisions to deny the motion for a new trial and the motion to reopen and reconsider the motion for a new trial but vacated the judgment of guilt of murder in the first degree, holding that, in the circumstances of this case, there was ground to reduce the verdict from murder in the first degree to murder in the second degree.
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