COMMONWEALTH v. CRUZ


416 Mass. 27 (1993)

616 N.E.2d 804

COMMONWEALTH vs. RAMON CRUZ, JR.

Supreme Judicial Court of Massachusetts, Hampden.

August 3, 1993.


Attorney(s) appearing for the Case

Charles K. Stephenson for the defendant.

Ellen Berger, Assistant District Attorney, for the Commonwealth.

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


WILKINS, J.

The defendant was found guilty of murder in the first degree on the theory of felony murder and of armed robbery. He makes two arguments. Although the defendant neither requested an instruction, nor objected to the absence of an instruction, concerning evidence of his consciousness of guilt, he argues that he is entitled to a new trial, contending that the judge's failure to give such an instruction on her own...

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