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COMMONWEALTH v. DAGENAIS

437 Mass. 832 (2002)

COMMONWEALTH v. RUSS M. DAGENAIS.

Supreme Judicial Court of Massachusetts, Essex.

October 22, 2002.

Attorney(s) appearing for the Case

Stephen Neyman for the defendant.

Gregory I. Massing, Assistant District Attorney (Gerald P. Shea, Assistant District Attorney, with him) for the Commonwealth.

Present: MARSHALL, C.J., SPINA, COWIN, SOSMAN, & CORDY, JJ.

SOSMAN, J.

The defendant was convicted of murder in the first degree on a theory of deliberate premeditation. On appeal, he claims that the trial judge erred in (1) allowing a potential defense witness to invoke his privilege against selfincrimination, (2) admitting in evidence various autopsy photographs, (3) failing to give an instruction on involuntary manslaughter, and (4) failing to instruct that consciousness of guilt...

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