COMMONWEALTH v. GUY


441 Mass. 96 (2004)

COMMONWEALTH v. MARTIN G. GUY.

Supreme Judicial Court of Massachusetts, Norfolk.

February 25, 2004.


Attorney(s) appearing for the Case

Russell J. Redgate for the defendant.

William R. Keating, District Attorney, & James A. Reidy, Assistant District Attorney, for the Commonwealth.

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


IRELAND, J.

A Superior Court jury convicted the defendant, Martin G. Guy, of murder in the first degree based on theories of deliberate premeditation and extreme atrocity or cruelty. Represented by new counsel, the defendant appeals from his conviction, asserting several errors: (1) the judge erred in denying his motions for a required finding of not guilty; (2) his post-Miranda silence was used against him at trial; (3) the judge erred in instructing the jury on...

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