COMMONWEALTH v. SAMA


411 Mass. 293 (1991)

582 N.E.2d 498

COMMONWEALTH vs. DANIEL SAMA.

Supreme Judicial Court of Massachusetts, Middlesex.

December 5, 1991.


Attorney(s) appearing for the Case

William P. Homans, Jr., for the defendant.

Michael Fabbri, Assistant District Attorney, for the Commonwealth.

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


NOLAN, J.

A jury convicted the defendant of murder in the first degree based on extreme atrocity or cruelty. On appeal, the defendant contends that: (1) the judge erroneously instructed the jury as to the effect of the defendant's voluntary intoxication on proof of the elements of extreme atrocity or cruelty and malice aforethought, (2) the jury's failure to indicate their finding of malice on the verdict slip, after being directed to do so, established that the jury...

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