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COMMONWEALTH v. RUSSELL

439 Mass. 340 (2003)

COMMONWEALTH v. MARK R. RUSSELL.

Supreme Judicial Court of Massachusetts, Middlesex.

May 8, 2003.

Attorney(s) appearing for the Case

Thomas D. Ralph, Assistant District Attorney, for the Commonwealth.

Ruth Greenberg for the defendant.

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

SOSMAN, J.

The defendant was convicted of murder in the second degree, and his conviction was affirmed on direct appeal. Commonwealth v. Russell, 38 Mass.App.Ct. 199 (1995). Represented by new counsel, the defendant moved for a new trial on the ground that the judge had erroneously instructed the jury with respect to the third prong of malice, allowing them to find...

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