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COMMONWEALTH v. PIERCE

419 Mass. 28 (1994)

COMMONWEALTH vs. KEVIN PIERCE.

Supreme Judicial Court of Massachusetts, Essex.

November 21, 1994.

Attorney(s) appearing for the Case

James M. Smith for the defendant.

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

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

NOLAN, J.

A jury convicted the defendant of murder in the first degree by joint venture based on the theories of deliberate premeditation and extreme atrocity or cruelty.1 On appeal the defendant challenges (1) the judge's failure to instruct the jury on the lesser included offenses of voluntary and involuntary manslaughter; (2) the judge's instructions regarding the second and third prong of "malice aforethought"; and (3) the judge's...

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