WILKINS, J.
A jury found the defendant guilty of murder in the second degree on an indictment charging him with murder in the second degree of Robert St. Clair, the seventeen month old son of the defendant's girl friend. We grant a new trial because the judge's ambivalent instruction concerning the second prong of malice would have permitted a reasonable juror to find malice on a lesser level of proof than the law requires. See Commonwealth v. Moreira,<...
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