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COMMONWEALTH v. FRANCIS

411 Mass. 579 (1992)

583 N.E.2d 849

COMMONWEALTH vs. ROGER D. FRANCIS.

Supreme Judicial Court of Massachusetts, Suffolk.

January 9, 1992.

Attorney(s) appearing for the Case

John P. Corbett, Assistant District Attorney, for the Commonwealth.

Charles W. Rankin for the defendant.

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

LIACOS, C.J.

The Commonwealth seeks to appeal from an order of a Superior Court judge granting the defendant, Roger D. Francis, a new trial on an indictment charging murder in the first degree. The motion judge ruled that the reasonable doubt instructions at the defendant's 1967 trial were constitutionally inadequate under this court's decisions in Commonwealth v. Ferreira, 373 Mass. 116 (1977), and Commonwealth...

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