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COMMONWEALTH v. PASTEUR

No. 04-P-850.

66 Mass. App. Ct. 812 (2006)

COMMONWEALTH vs. WILSON PASTEUR.

Appeals Court of Massachusetts, Essex.

July 24, 2006.

Attorney(s) appearing for the Case

Alan Jay Black for the defendant.

Marcia H. Slingerland, Assistant District Attorney, for the Commonwealth.

Present: GREENBERG, COWIN, & MILLS, JJ.

COWIN, J.

The defendant, Wilson Pasteur, appeals primarily from his conviction by a Superior Court jury of murder in the second degree on a theory of joint venture.1 He challenges the jury instructions on several grounds, including that the judge explained inaccurately both the concept of malice and the mental state required for joint venture liability, and that it was error for the judge to instruct in the manner that he did on self-defense...

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