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COMMONWEALTH v. PICHARDO

No. 96-P-1784.

45 Mass. App. Ct. 296 (1998)

COMMONWEALTH v. FELIX PICHARDO.

Court of Appeals of Massachusetts, Essex.

August 13, 1998.

Attorney(s) appearing for the Case

Susan J. Baronoff for the defendant.

Robert J. Bender, Assistant District Attorney (David W. Duncan, Assistant District Attorney, with him) for the Commonwealth.

Present: WARNER, C.J., BROWN, & JACOBS, JJ.

WARNER, C.J.

A Superior Court jury found the defendant guilty of second degree murder. Because of the trial judge's erroneous instruction regarding the third method of proving malice, the jury may have found malice on a lower level of proof than required by law.1 Therefore, the conviction must be reversed and a new trial held.

The jury could have found the following facts beyond...

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