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GIBSON v. COMMONWEALTH

377 Mass. 539 (1979)

387 N.E.2d 123

WARREN A. GIBSON vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

March 16, 1979.

Attorney(s) appearing for the Case

Daniel E. Callahan for the plaintiff.

Charles J. Hely, Assistant District Attorney, for the Commonwealth.

Present: QUIRICO, BRAUCHER, KAPLAN, WILKINS & LIACOS, JJ.

BRAUCHER, J.

The petitioner Gibson (the defendant) was convicted of murder in the first degree in 1974, and we affirmed the conviction in August, 1975. Commonwealth v. Gibson, 368 Mass. 518 (1975). By writ of error he now claims that the judge's instructions to the jury on self-defense and voluntary manslaughter improperly shifted the burden of proof to him. A single justice of this court reserved and reported the...

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