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COMMONWEALTH v. FRYAR

425 Mass. 237 (1997)

COMMONWEALTH v. CHARLES FRYAR, JR.

Supreme Judicial Court of Massachusetts, Hampden.

June 13, 1997.

Attorney(s) appearing for the Case

Wendy Sibbison for the defendant.

Elizabeth Dunphy Farris, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., LYNCH, O'CONNOR, FRIED, & MARSHALL, JJ.

LYNCH, J.

The defendant was convicted of murder in the second degree and on two indictments charging assault and battery by means of a dangerous weapon.1 On appeal the defendant claims that (1) the process for selecting the grand and petit jury venire in Hampden County was unconstitutional; (2) the jury instructions regarding malice, the Commonwealth's burden of proof, and the judge's refusal to instruct on involuntary manslaughter were...

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