COMMONWEALTH v. MURPHY


426 Mass. 395 (1998)

COMMONWEALTH v. ROBERT P. MURPHY.

Supreme Judicial Court of Massachusetts, Suffolk.

January 7, 1998.


Attorney(s) appearing for the Case

David H. Erickson for the defendant.

Paul B. Linn, Assistant District Attorney (James J. Larkin, Assistant District Attorney, with him) for the Commonwealth.

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


MARSHALL, J.

The defendant was convicted of murder in the first degree on the theory of extreme atrocity or cruelty. On appeal he argues that incriminating statements made to a friend should not have been admitted in evidence without a determination by the judge that they were voluntary, and that the judge should have given an instruction to the jury under our humane practice. He also challenges the judge's instructions on intoxication and on malice and several of...

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