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COMMONWEALTH v. BERRY

No. 97-P-629.

47 Mass. App. Ct. 24 (1999)

COMMONWEALTH v. JERMAINE BERRY.

Court of Appeals of Massachusetts, Suffolk.

May 28, 1999.

Attorney(s) appearing for the Case

Syrie Davis Fried for the defendant.

Joseph M. Makalusky, Assistant District Attorney, for the Commonwealth.

Present: WARNER, C.J., GREENBERG, & FLANNERY, JJ.

WARNER, C.J.

The defendant was indicted for second degree murder in the stabbing death of Hazel Mack. A Superior Court jury convicted him of voluntary manslaughter, either on the theory that he was the stabber or that he was a joint venturer in the killing. The defendant argues on appeal that his conviction should be overturned because (1) the evidence did not warrant giving a voluntary manslaughter instruction, ...

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