COMMONWEALTH v. HALBERT


410 Mass. 534 (1991)

573 N.E.2d 975

COMMONWEALTH vs. JOSHUA HALBERT.

Supreme Judicial Court of Massachusetts, Essex.

July 2, 1991.


Attorney(s) appearing for the Case

Albert S. Previte, Jr., for the defendant.

Margaret J. Perry, Assistant District Attorney, for the Commonwealth.

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


LYNCH, J.

The defendant, Joshua Halbert, was convicted of murder in the first degree by special verdicts on theories of deliberate premeditation, extreme atrocity or cruelty, and felony-murder by joint venture. The defendant appeals on the ground that the judge improperly instructed the jury that they could not consider voluntary intoxication in determining whether the defendant had the specific intent required for the crime of murder. In addition, the defendant seeks...

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