COMMONWEALTH v. CARBALLO


9 Mass. App. Ct. 57 (1980)

399 N.E.2d 34

COMMONWEALTH vs. CARMELO RODRIQUEZ CARBALLO.

Appeals Court of Massachusetts, Middlesex.

January 16, 1980.


Attorney(s) appearing for the Case

William J. Buckley for the defendant.

Susan A. Ghetti, Legal Assistant to the District Attorney, for the Commonwealth.

Present: BROWN, GREANEY, & DREBEN, JJ.


DREBEN, J.

The defendant was indicted for murder in the first degree in connection with the shooting death of Bienvenido Oquendo and was found guilty of murder in the second degree. He assigns a number of errors in this appeal.

1. He asserts that the trial judge's instructions were confusing and contradictory, particularly with reference to the issues of reasonable doubt and malice. Since the defendant did not object to the judge's charge and, indeed, his...

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