COMMONWEALTH v. CARLINO


429 Mass. 692 (1999)

COMMONWEALTH v. THOMAS P. CARLINO.

Supreme Judicial Court of Massachusetts, Bristol.

June 14, 1999.


Attorney(s) appearing for the Case

Alan Jay Black for the defendant.

Catherine B. Sullivan Ledwidge, Assistant District Attorney, for the Commonwealth.

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


GREANEY, J.

A jury in the Superior Court convicted the defendant of murder in the first degree (on theories of deliberate premeditation and extreme atrocity or cruelty), and of the unlawful possession of a sawed-off shotgun. He is represented by new counsel on appeal. We conclude that portions of the jury instructions, concerning provocation, self-defense, and defense of another, were either erroneous or misleading and posed a substantial likelihood of a miscarriage...

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