Commonwealth v. WitkowskiAnnotate this Case
The Supreme Judicial Court affirmed Defendant's conviction of murder in the first degree, on a theory of felony order, with aggravated rape as the predicate felony, holding that there was no prejudicial error in the proceedings below.
Specifically, the Supreme Judicial Court held (1) there was sufficient evidence to prove that the homicide and the aggravated rape were parts of one continuous event; (2) if there was any error in the prosecutor's closing argument, Defendant was not prejudiced by it; (3) there was no error in the judge's Tuey-Rodriguez charge to the jury; (4) the judge's response to a jury question about the permissibility of inferences from a lack of evidence did not violate Defendant's right to due process; and (5) there was no reason to reduce the verdict or to order a new trial under Mass. Gen. Laws ch. 278, 33E.