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COMMONWEALTH v. MILLER

SJC-10341

457 Mass. 69 (2010)

COMMONWEALTH v. CALLUM A. MILLER.

Supreme Judicial Court of Massachusetts, Essex.

June 10, 2010.

Attorney(s) appearing for the Case

Alan D. Campbell for the defendant.

Kenneth E. Steinfield, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., SPINA, COWIN, BOTSFORD, & GANTS, JJ.

BOTSFORD, J.

A jury convicted the defendant, Callum A. Miller, of murder in the first degree by reason of extreme atrocity or cruelty.1 On appeal, the defendant argues that (1) the trial judge erred in giving an instruction that it was permissible for the jury to infer malice from the intentional use of a dangerous weapon; (2) the prosecutor's closing argument contained several improprieties that...

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