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COMMONWEALTH v. BRUM

441 Mass. 199 (2004)

COMMONWEALTH v. JOHN BRUM.

Supreme Judicial Court of Massachusetts, Bristol.

March 11, 2004.

Attorney(s) appearing for the Case

Charles K. Stephenson for the defendant.

M. Catherine Huddleson, Special Assistant District Attorney, for the Commonwealth.

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

IRELAND, J.

A Bristol County jury convicted the defendant of armed robbery as a joint venturer and of murder in the first degree both as a principal and as a joint venturer, on the theories of extreme atrocity or cruelty and felony-murder. On appeal, the defendant argues (1) in his instructions to the jury on manslaughter on grounds of provocation and self-defense, the trial judge committed an Acevedo error (Commonwealth v. Acevedo,

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