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COMMONWEALTH v. SMITH

449 Mass. 12 (2007)

COMMONWEALTH vs. VICTOR E. SMITH.

Supreme Judicial Court of Massachusetts, Berkshire.

April 30, 2007.

Attorney(s) appearing for the Case

Charles K. Stephenson for the defendant.

David F. Capeless, District Attorney, for the Commonwealth.

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

SPINA, J.

The defendant was convicted of murder in the first degree on theories of deliberate premeditation and extreme atrocity or cruelty. On appeal, he alleges error in (1) the judge's instruction on the use of evidence of intoxication when considering the issues of deliberate premeditation, extreme atrocity or cruelty, and malice, and (2) the denial of his motion for a new trial, based primarily on an assertion of counsel...

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