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COMMONWEALTH v. PALMER

386 Mass. 35 (1982)

434 N.E.2d 983

COMMONWEALTH vs. MARTIN E. PALMER.

Supreme Judicial Court of Massachusetts, Suffolk.

April 29, 1982.

Attorney(s) appearing for the Case

Willie J. Davis for the defendant.

Michael J. Traft, Assistant District Attorney (Robin Pearl, Legal Assistant to the District Attorney, with him) for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, LYNCH, & O'CONNOR, JJ.

WILKINS, J.

The judge's charge in this case, in which the jury found the defendant guilty of murder in the first degree and of assault with intent to murder while armed, contained substantially the same errors as those which required the reversal of the defendant's conviction in Commonwealth v. Callahan, 380 Mass. 821 (1980). In each case, the judge charged the jury that a presumption of malice arises from the intentional...

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