COMMONWEALTH v. BLAKE


409 Mass. 146 (1991)

564 N.E.2d 1006

COMMONWEALTH vs. BRUCE BLAKE.

Supreme Judicial Court of Massachusetts, Barnstable.

January 15, 1991.


Attorney(s) appearing for the Case

Thomas T. Merrigan for the defendant.

Thomas M. Yonce, Special Assistant District Attorney, for the Commonwealth.

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


LYNCH, J.

After a jury trial in the Superior Court, the defendant was convicted of murder in the first degree by reason of extreme atrocity or cruelty, and arson of a motor vehicle. On appeal, the defendant contends the trial judge's instructions erred in several respects, including: (a) improperly shifting the burden of proof for the element of malice; (b) prohibiting the jury from considering the effect of intoxication on the defendant's ability to form general...

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