1. Murder Means Never Having To Say You're Sorry

1. Murder Means Never Having To Say You're Sorry

1. Murder Means Never Having To Say You're Sorry >> https://urluss.com/2tl0UA

Convictions of second degree murder and assault and battery by means of a dangerous weapon, arising from the defendant's stabbing the victim in the hand and then fatally in the back, were duplicitous where the sequence of the blows was so close that the acts involved were so intertwined as to be one. [809-810]

KASS, J. On the fourth day of deliberations, a jury returned verdicts of guilty against the defendant, Kevin P. Sullivan, of murder in the second degree, of assault and battery by means of a dangerous weapon upon John Grimes (who was killed) and upon Paul Kelly, and of assault and battery upon Deborah Sullivan, the defendant's wife. We reverse the convictions of murder and assault and battery by means of a dangerous weapon because a supplementary charge erroneously undertook to quantify the concept of reasonable doubt. [Note 1]

Among the patrons who had been ushering in the new year, 1983, at the Stephen James House in Porter Square, Cambridge, were the victims and the defendant Sullivan. Their celebration had been characterized by ample drinking, particularly on the part of Sullivan. At about 1:45 A.M., Sullivan and his wife emerged from the restaurant arguing, Sullivan resorting to blows and shoves. Grimes and Kelly, who did not know the Sullivans, intervened in what they perceived as a wife-beating episode. [Note 2] There was a fight. Sullivan pulled a knife with which he stabbed Grimes fatally and Kelly much less severely. At trial, Sullivan did not deny having stabbed Grimes and Kelly but claimed he acted in defense of himself and his wife. On appeal Sullivan urges: (1) several occasions of error in the judge's charge; and (2) that the concurrent sentences imposed for murder and assault and battery by means of a dangerous

2. Definition of malice aforethought. In instructing on the elements of murder, the judge defined malice aforethought. On appeal, no objection having been made below, the defendant attacks the instruction as incomplete in the following regard: it did not include the idea of knowledge by the defendant (or by a reasonably prudent person in the circumstances known to the defendant) that there was a strong likelihood that death would follow the contemplated act. Such is certainly an element of a complete charge on malice aforethought. See Commonwealth v. Starling, 382 Mass. 423, 427-428 (1981); Commonwealth v. Griffin, 19 Mass. App. Ct. 174, 189 (1985). Its omission here was far from a defect creating a substantial risk of miscarriage of justice. Commonwealth v. Bent, 19 Mass. App. Ct. 950 (1985). As in Bent, the nature of the assault left little for the jury to brood about so far as likelihood of death or grievous injury was concerned. The knife was plunged almost eight inches into the victim's back. The charge, as delivered, conformed to Commonwealth v. Casale, 381 Mass. 167, 171-172 (1980). It also was implicit in portions of the charge that one who had malice aforethought had an awareness that death or grievous injury would follow. Cf. Commonwealth v. Estremera, 383 Mass. 382, 394-396 (1981).

5. Duplicitous convictions. The defendant argues that the second degree murder of Grimes here incorporated all the elements of assault upon Grimes by means of a dangerous weapon, that the convictions are duplicitous, and that the judgment as to the latter crime ought to be vacated. As we are reversing these convictions, we touch on the issue only insofar as it may arise in a new trial. The question is whether each crime requires proof of an additional fact that the other does not. Morey v. Commonwealth, 108 Mass. 433, 434 (1871). Kuklis v. Commonwealth, 361 Mass. 302, 306-307 (1972). Commonwealth v. Jones, 382 Mass. 387, 393 (1981). There was a knife blow by Sullivan to the hand of Grimes which was not the fatal blow. We think, however, that the sequence of the blows was so close that as a matter of fact and sense the acts involved were so intertwined as to be one. See Costarelli v. Commonwealth, 374 Mass. 677, 683-684 (1978); Commonwealth v. St. Pierre, 377 Mass. 650, 662-663 (1979). Contrast the series of temporally distinct acts in Commonwealth v. Griffin, 19 Mass. App. Ct. at 190. Neither the lawyers' presentations nor

[Note 1] Although the defendant's brief did not expressly request relief from the conviction of assault and battery by means of a dangerous weapon on Paul Kelly, defense counsel has represented to the court by motion and argument that the failure to do so was inadvertent and that counsel intended no waiver of the defendant's appeal on that conviction. We are of opinion that the error which undermines the convictions of murder and assault and battery by means of a dangerous weapon on John Grimes must inevitably infect the conviction of assault and battery by means of a dangerous weapon on Paul Kelly. The conviction of assault and battery on Deborah Sullivan was placed on file with the defendant's consent. No appeal lies as to that indictment. Commonwealth v. Delgado, 367 Mass. 432, 438 (1975). Commonwealth v. Flanagan, 17 Mass. App. Ct. 366 (1984).

[Note 3] The full text of the supplementary charge in question is as follows: \"There was one other question that you have asked the Court: How to come to a verdict. Having never been on a jury, the Court doesn't know. That's a tough one; that's why a juror's job is a tough one. There is a solution, and this is why the law imposes the burden of proof on one party or another. In a criminal case, the burden of proof is always on the Commonwealth. In a civil case, the plaintiff may not always have the burden of proof; the defendant sometimes has the burden of proof. I won't go into that in detail, but take that as true. So the law places the burden of proof, and in this case, again, it's beyond a reasonable doubt. If you can't make up your mind, you don't know which way to go, then you've got to consider, has it been proved beyond a reasonable doubt. In a civil case, if you're equally balanced, as they talk about the scales being equally balanced -- Suppose I'm representing someone who was hit by a Checker Cab. The jury just has to find by a preponderance of the evidence. If you try to equate it by a scale in a civil case, preponderance of the evidence is just a little more than, say, fifty percent, fifty one percent, ninety percent; anything over that might be a preponderance of the evidence. As I have defined a reasonable doubt, that is more or less a greater degree of proof is required, so that you don't have a reasonable doubt. Where is that if you put it in a one to hundred scale I don't know. It's above fifty percent. Everybody here, if you could pick your brain apart and see, based upon your background, your training, your judgment, what is a reasonable doubt. I dare say it really differs a little bit in everybody, but this is how the law tells you to come to a verdict. If you can't make up your mind, then the Commonwealth has not established beyond a reasonable doubt that element of the crime. And that, you may say, is a safety valve. In your own mind, if something is equal, then the Commonwealth has not proved it beyond a reasonable doubt. If, in your mind, using the reasonable doubt as the Court has given it to you, if in your mind they have proved it beyond a reasonable doubt, then that element of the crime has been proven. And beyond that the Court will say nothing. Good luck.\"

Getting back to the story, Michael rushes to find Blaine. In Blaine film class he was arguing with a friend name Matt Alteri (Zac Efron) about how awful sequels are. They both make points until Michael interupts their movie Nerd talk and have Blaine follow him when the bell finally had rang. They discuss the murders and run to their friends Chad, Matt, and Vera Wilson (Rooney Mara). We cut to George Reed the reporter that survived the first massacre of Ghostface with his new Camera man Denzel Wells (Charles Michael Davis). Denzel had just arrived and it was his first time doing the job. Goerge ask Denzel \"You sure you can do this son\" Denzel replied to George and said \"Mr.Reed I got this, All you have to do is point and I'll shoot. It's nothing.\" George and Denzel began the report. The friends watch the report as George ask the sheriff and Blaine rants about the deaths of his friends from High School. Michael stood up and rises up to George's defense for Blaine. Michael and Blaine walked to the bench and talked. Blaine said \"Michael you didn't have to do that for me dude.\" Michael said \"Man it's nothing, I got you were in this together.\" Blaine replies to Michael and said \"Your a strong dude Michael and that's good But man, I am so damn sorry about your mother man.\" and begans to not only cry for his friends but actually cries for Michael. Michael touch his shoulder and almost teared himself but remains strong tells Blaine that he wants him to be strong too and not to let his gaurd down. Blaine smile and said \"Thanks man, at least since we're the only ones that are alive such as Megan and Sam and even Shelia we have each other.\" Michael said \"Yeah man.\" Michael saw a young lady with a brown cop uniform. Michael and Blaine looked at each other and ran up to the cop.

It was Sheriff Denise Williams. Denise gasp with surprise saying how much she was happy to see Michael and even Blaine. Blaine wen't back to his College friends and Michael and Denise we're talking on the lunch table for a good 10 minutes. Michael was telling Denise about the latest and what was going on with his life so far. Michael also adds that he has a new girlfriend now name Vera. Denise was happy for him. Suddnely the bell rang, it was time for class. Vera and Michael was walking to class together. The both of them was in the hallway in there lockers. Vera asked Michael \"Are you okay You know that lady\" Michael said \"Yeah, I knew her from when I was surviving Massacre that happened in my High School. I don't know if you heard but I heard of this guy named Dwight Riley they mainly call him Dewey was a former sheriff of Woodsboro and moved out with his wife and so did this girl name Sidney.\" Vera said with alittle excitement \"I heard about her, my father reads the newspaper and told me about her. I feel so sorry for her but she was a fighter though.\" Michael replied \"Yeah, at least I know I'm not the only one that is going to murder and death and have a tragic life.\" Vera replied \"Babe look at it this way, well one I know your mother was mudered like Sidney which I know that's hard as hell to get over and two at least Sidney's life isn't as deep as yours.\" Michael said within a whirry smile like he smile acting like as if Vera is right but there was one secret that Michael never reveal to anybody and not even his mother Magrot and not even his sister Leslie Jones know what happened because he like such as other male children feel the same when when this happens to them. 59ce067264

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