COMMONWEALTH v. LIBBY


405 Mass. 231 (1989)

540 N.E.2d 154

COMMONWEALTH vs. CLAYTON LIBBY.

Supreme Judicial Court of Massachusetts, Suffolk.

June 22, 1989.


Attorney(s) appearing for the Case

Patricia A. O'Neill, Committee for Public Counsel Services, for the defendant.

Lauren Inker, Assistant District Attorney, for the Commonwealth.

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


WILKINS, J.

The defendant appeals from his conviction of murder in the first degree of Bruce R. Cullen in August, 1970. The judge charged the jury on the theories of deliberate premeditation and extreme atrocity or cruelty as the bases for a conviction of murder in the first degree. Except for his general claim for relief under G.L.c. 278, § 33E (1986 ed.), the defendant's appellate arguments are all directed to alleged errors in the judge's jury instructions...

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