COMMONWEALTH v. McCLENDON

No. 93-P-1543.

39 Mass. App. Ct. 122 (1995)

COMMONWEALTH vs. JOHN D. McCLENDON.

Appeals Court of Massachusetts, Berkshire.

August 18, 1995.


Attorney(s) appearing for the Case

William R. Hill, Jr., Committee for Public Counsel Services, for the defendant.

Eric Neyman, Assistant District Attorney, for the Commonwealth.

Present: WARNER, C.J., SMITH, & FLANNERY, JJ.


WARNER, C.J.

A jury convicted the defendant of murder in the second degree. In this appeal, he contends that the trial judge improperly (1) denied his motion for a required finding of not guilty; (2) failed to instruct the jury on defense of another; and (3) admitted evidence of his temperament while intoxicated and prior misconduct. Because we decide that the evidence of temper and prior misconduct was erroneously...

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