COMMONWEALTH v. HICKS


22 Mass. App. Ct. 139 (1986)

491 N.E.2d 651

COMMONWEALTH vs. WILLIAM HENRY HICKS, JR.

Appeals Court of Massachusetts, Plymouth.

April 23, 1986.


Attorney(s) appearing for the Case

Arlene Beth Marcus for the defendant.

Ann E. Rascati, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, DREBEN, & SMITH, JJ.


SMITH, J.

The defendant was convicted by a jury of second degree murder on an indictment that charged him with murder in the first degree. On appeal, the defendant argues that his conviction should be reversed because the judge erred in (1) denying his motion for a required finding of not guilty; (2) failing to include in her supplementary instructions an instruction regarding defense of others; (3) polling the jury about a newspaper article without the defendant...

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