COMMONWEALTH v. JACKSON


428 Mass. 455 (1998)

COMMONWEALTH v. DAVID JACKSON.

Supreme Judicial Court of Massachusetts, Suffolk.

December 10, 1998.


Attorney(s) appearing for the Case

Esther J. Horwich for the defendant.

Paul B. Linn, Assistant District Attorney, for the Commonwealth.

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


FRIED, J.

The defendant, David Jackson, was convicted of murder in the first degree, based on both deliberate premeditation and felony-murder, as well as armed robbery and burglary. We affirm the convictions and decline to exercise our power under G. L. c. 278, § 33E, to order a new trial or reduce the murder verdict. We also affirm the denial of the defendant's motion for a new trial.

I

On the evening of April 16, 1990, Steven Olbinsky received...

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