Massachusetts Appeals Court June 20, 2000, No. 97-P-1795 (Commonwealth v. Springer)

lead-opinion

Smith, J.

A Worcester County grand jury indicted the defendant for murder in the first degree and for assault and battery by means of a dangerous weapon, to wit: a rock and a bat. At trial, the Commonwealth presented two theories of murder in the first degree: (1) premeditation and (2) extreme atrocity or cruelty.