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COMMONWEALTH v. MESSER

No. 93-P-405.

36 Mass. App. Ct. 708 (1994)

635 N.E.2d 5

COMMONWEALTH vs. EDWARD D. MESSER.

Appeals Court of Massachusetts, Berkshire.

June 23, 1994.

Attorney(s) appearing for the Case

Linda C. Fentiman for the defendant.

Anne M. Kendall, Assistant District Attorney, for the Commonwealth.

Present: WARNER, C.J., PERRETTA, & JACOBS, JJ.

JACOBS, J.

The defendant, tried on an indictment charging murder in the first degree, appeals from his conviction of second degree murder, claiming the judge erred in instructing the jury. Since no objection was made to these instructions at trial, we review to determine whether they created a substantial risk of a miscarriage of justice. Commonwealth v. Freeman, 352 Mass. 556

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