COMMONWEALTH v. NILAND

No. 96-P-1732.

45 Mass. App. Ct. 526 (1998)

COMMONWEALTH v. NEIL J. NILAND.

Court of Appeals of Massachusetts, Middlesex.

September 29, 1998.


Attorney(s) appearing for the Case

Robert L Sheketoff for the defendant.

Marguerite T. Grant, Assistant District Attorney (Adrienne C. Lynch, Assistant District Attorney, with her) for the Commonwealth.

Present: FLANNERY, GILLERMAN, & DREBEN, JJ.


FLANNERY, J.

Upon an indictment for first degree murder, a Superior Court jury found the defendant, Neil Niland, guilty of murder in the second degree. G. L. c. 265, § 1.1 On appeal, the defendant contends that the trial judge erred in (1) refusing to instruct the jury that consciousness of guilt evidence was not probative on the issue of malice and (2) giving erroneous instructions...

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