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COMMONWEALTH v. TU TRINH

No. SJC-10191.

458 Mass. 776 (2011)

COMMONWEALTH v. TU TRINH.

Supreme Judicial Court of Massachusetts, Suffolk.

January 31, 2011.

Attorney(s) appearing for the Case

David H. Mirsky for the defendant.

Zachary Hillman , Assistant District Attorney ( Mark Lee , Assistant District Attorney, with him) for the Commonwealth.

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

BOTSFORD, J.

A jury in the Superior Court convicted the defendant of murder in the first degree on a theory of deliberate premeditation and of unlawful possession of a firearm.2 On appeal, the defendant argues that reversal of the murder conviction3 is warranted because (1) the consciousness of guilt instruction was improper; (2) the judge failed to instruct on the lesser included offense of voluntary manslaughter...

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