COMMONWEALTH v. PINCKNEY


419 Mass. 341 (1995)

COMMONWEALTH vs. ALPHONSO PINCKNEY.

Supreme Judicial Court of Massachusetts, Suffolk.

January 19, 1995.


Attorney(s) appearing for the Case

Kenneth J. King for the defendant.

Scott H. Kremer, Assistant District Attorney, for the Commonwealth.

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


NOLAN, J.

The sole issue in this appeal from the denial of the defendant's motion for new trial concerns the trial judge's instructions to the jury on the Commonwealth's burden of proving guilt beyond a reasonable doubt. We reverse the judge's denial of the defendant's motion and order a new trial.

The defendant was indicted in 1971 for murder in the first degree and rape. He was tried before a jury, found guilty and was sentenced in early 1972. The convictions...

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