Commonwealth v. ButtimerAnnotate this Case
The Supreme Judicial Court affirmed Defendant's convictions for murder in the first degree with deliberate premeditation, assault by means of a dangerous weapon, armed assault with intent to murder, and other crimes, holding that there was no reversible error in the proceedings below.
Specifically, the Court held (1) the evidence was sufficient to sustain Defendant's murder conviction; (2) a firearm or other gun need to be operational to prove either assault by means of a dangerous weapon or armed assault with intent to murder because armed assault with intent to murder requires only that the defendant think his weapon is operational; (3) the instructions were not correct with respect to armed assault by means of intent to murder and assault with a dangerous weapon, but Defendant was the beneficiary of the error; and (4) there was no reason for the Court to exercise its authority under Mass. Gen. Laws ch. 278, 33E to grant a new trial or to reduce to set aside the verdict of murder in the first degree.