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COMMONWEALTH v. RODRIGUEZ

425 Mass. 361 (1997)

COMMONWEALTH v. EUSEBIO RODRIGUEZ.

Supreme Judicial Court of Massachusetts, Essex.

July 10, 1997.

Attorney(s) appearing for the Case

Stanley W. Norkunas for the defendant.

Robert J. Bender, Assistant District Attorney (D. Dunbar Livingston, Assistant District Attorney, with him) for the Commonwealth.

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

LYNCH, J.

The defendant appeals from his conviction of murder in the first degree on the theory of extreme atrocity or cruelty. He contends that (1) he did not knowingly, intelligently, and voluntarily waive his Miranda rights; (2) the judge impermissibly relied on extraneous evidence in concluding that his confession was voluntary; (3) the judge improperly instructed the jury on the Commonwealth's burden to prove that the...

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