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COMMONWEALTH v. ADORNO

407 Mass. 428 (1990)

553 N.E.2d 942

COMMONWEALTH vs. ANGEL A. ADORNO.

Supreme Judicial Court of Massachusetts, Plymouth.

May 15, 1990.

Attorney(s) appearing for the Case

Charles K. Stephenson for the defendant.

Linda M. Fleming, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & GREANEY, JJ.

LYNCH, J.

The defendant, Angel A. Adorno, appeals from his conviction of murder in the first degree (by reason of deliberate premeditation and extreme atrocity or cruelty)1 claiming that the judge's instructions to the jury were deficient because they misplaced the burden of proof on the issues of criminal responsibility and diminished capacity. The defendant also claims that the indictments against him

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