COMMONWEALTH v. MONICO


396 Mass. 793 (1986)

488 N.E.2d 1168

COMMONWEALTH vs. JAMES MONICO.

Supreme Judicial Court of Massachusetts, Essex.

February 20, 1986.


Attorney(s) appearing for the Case

Bruce N. Sachar (Vincent R. Brogna with him) for the defendant.

Robert J. Bender, Assistant District Attorney (Thomas M. Niarchos, Assistant District Attorney, with him) for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, & NOLAN, JJ.


NOLAN, J.

On April 14, 1983, the defendant was convicted of murder in the first degree of James Mortellite and of murder in the second degree of Jeffrey Connors. We accept the defendant's argument that the trial judge committed reversible error in refusing to instruct the jury on the issue of the defendant's criminal responsibility in accordance with Commonwealth v. McHoul, 352 Mass. 544 (1967). We address those issues...

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