Decision Commonwealth v. Shelley

Date: 08/24/2017
Organization: Massachusetts Supreme Judicial Court

Table of Contents

Commonwealth v. Shelley

Commonwealth v. Shelley
Supreme Judicial Court, August 24, 2017

A defendant charged with Murder is not entitled to a lesser included offense instruction on manslaughter when the defendant cannot be convicted of the offense due to the statute of limitations. However, the defendant may elect to waive the statute of limitations and invoke his or her right to the lesser included offense instruction.