COMMONWEALTH v. ACEVEDO


427 Mass. 714 (1998)

COMMONWEALTH v. FABIAN ACEVEDO.

Supreme Judicial Court of Massachusetts, Bristol.

July 2, 1998.


Attorney(s) appearing for the Case

Peter M. Onek for the defendant.

Elspeth B. Cypher, Assistant District Attorney, for the Commonwealth.

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


WILKINS, C.J.

We granted the defendant's application for further appellate review of his conviction of murder in the second degree. He argues that the Appeals Court, in an unpublished memorandum and order (43 Mass.App.Ct. 1109 [1997]), applied the wrong standard of review in passing on certain claims of error in the trial judge's jury instructions. We agree with the defendant.

Although the alleged errors were not preserved for appellate review, the trial judge...

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