308 Mass. 367 | Mass. | 1941
The defendant has been convicted of the murder in the first degree of Edward F. Lee, a police officer of Milton, on May 16, 1940. Sentence of death has been imposed, and execution of the sentence has been stayed in accordance with G. L. (Ter. Ed.) c. 279, § 4, as amended by St. 1935, c. 437, § 3, and the record on appeal has been transmitted to us in accordance with G. L. (Ter. Ed.) c. 278, § 33E, as amended by St. 1939, c. 341. We have not been asked to order a new trial upon any of the grounds upon which we are specifically authorized to do so by the 1939 amendment, and upon consideration of the whole case we are satisfied that justice does not require the exercise
There was ample evidence upon which the jury could find these facts: Late in the evening of May 15 the defendant and one Papineau obtained possession of an automobile, one Zukauskis joined them, and all three began riding about in the automobile. The defendant was carrying a revolver. He announced to his companions that he was going to make "a couple of hundred dollars” that night robbing gasoline stations, "or know the reason why.” Between one o’clock and two o’clock on the morning of the sixteenth the three men were arrested by officers Slack and Lee for stealing the automobile. The officers "frisked” the three men, but for some reason failed to find the defendant’s revolver. The prisoners were then placed in the rear seat of'a police "prowl car.” The defendant sat in the middle. Papineau and Zukauskis sat at the ends. Officer Slack drove, while officer Lee sat at his right on the front seat with his body turned to the left, so that he was able to cover the prisoners with his revolver. Upon arrival in front of the Milton police , station Officer Slack got out of the car on its left side and started to go around the back of it. At the same time Officer Lee opened the door on his side and backed out of the car to the sidewalk. At that moment the defendant jumped up from the rear seat, pushed or held back the two other prisoners, folded forward the right half of the front seat, and leaning over it, shot Officer Lee twice, and was then himself shot and wounded by Officer Slack, firing in through a window of the, car. Before the defendant fired he shouted to Officer Lee, "Drop that gun, you son of a bitch.”
From the nature of the wounds in Lee’s body and from
It has long been settled that the word "deliberately” in the expression "deliberately premeditated malice aforethought” as used in our statute does not mean slowly. It has reference to the purposeful character of the premeditated malice rather than to the time spent in premeditation. After the exhaustive discussion of this statutory phrase in Commonwealth v. Tucker, 189 Mass. 457, at pages 486-496, it would be superfluous to attempt further definition. We merely quote the summary of the court’s conclusions as expressed by the court itself on pages 494 and 495 of that case.- "In substance . . . while it must be shown that a plan to murder was formed after the matter had been made a subject of deliberation and reflection, yet in view of the quickness with which the mind may act, the law cannot set any limit to the time. It may be a matter of days, hours, or even seconds. It is not so much a matter of time as of logical sequence. First the deliberation and premeditation, then the resolution to kill, and lastly the killing in pursuance of the resolution; and all this may occur in a few seconds.”
In the case at bar the jury could find from the conduct and admissions of the defendant, that although he knew he was under arrest he concealed, or at least failed to reveal, the fact that he still controlled a deadly weapon; that he waited until a favorable opportunity when Officer Lee was
Judgment affirmed.