COMMONWEALTH v. ALVES

No. 98-P-1359.

50 Mass. App. Ct. 796 (2001)

COMMONWEALTH v. JOSE ALVES.

Court of Appeals of Massachusetts, Suffolk.

February 5, 2001.


Attorney(s) appearing for the Case

Mark R. Meehan for the defendant.

Brian J.S. Cullen, Assistant District Attorney, for the Commonwealth.

Present: LENK, DREBEN, & GILLERMAN, JJ.


LENK, J.

After trial by jury, the defendant, who had been indicted for first degree murder and for unlawful possession of a firearm, was convicted of the lesser included offense of voluntary manslaughter as well as the firearm violation. He claims on appeal that the trial judge erred in three respects: (1) by giving a contemporaneous and unwarranted missing witness instruction directly after the witness, the defendant...

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