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COMMONWEALTH v. BERRY

No. SJC-10397.

457 Mass. 602 (2010)

COMMONWEALTH v. SHEILA BERRY.

Supreme Judicial Court of Massachusetts, Plymouth.

August 23, 2010.

Attorney(s) appearing for the Case

Eric S. Brandt, Committee for Public Counsel Services, for the defendant.

Robert C. Thompson, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., SPINA, COWIN, BOTSFORD, & GANTS, JJ.

SPINA, J.

The defendant was convicted of murder in the first degree on a theory of extreme atrocity or cruelty.1 The victim was an acquaintance. The defendant appeals from her conviction, arguing that the judgment should be reversed because the judge's instruction failed to inform the jury that the defendant was not criminally responsible if her use of alcohol activated her mental illness, and...

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