COMMONWEALTH v. ALBERT


391 Mass. 853 (1984)

COMMONWEALTH vs. EUGENE ALBERT.

Supreme Judicial Court of Massachusetts, Suffolk.

May 15, 1984.


Attorney(s) appearing for the Case

Henry D. Katz for the defendant.

Margaret Steen Melville, Assistant District Attorney (Timothy M. Burke, Assistant District Attorney, with her) for the Commonwealth.

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


LYNCH, J.

The defendant was convicted of murder in the first degree, on November 24, 1982, and was sentenced to life imprisonment. He now appeals, and requests that we exercise our power under G.L.c. 278, § 33E, to order a new trial or to direct the entry of a verdict of a lesser degree of guilt.

The defendant alleges that the trial judge's instructions to the jury were deficient in that they (1) failed to place...

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