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COMMONWEALTH v. LENNON

No. SJC-10427.

463 Mass. 520 (2012)

COMMONWEALTH v. JOSEPH LENNON.

Supreme Judicial Court of Massachusetts, Suffolk.

October 15, 2012.

Attorney(s) appearing for the Case

David H. Mirsky for the defendant.

Vincent J. DeMore, III , Assistant District Attorney ( Gretchen Lundgren , Assistant District Attorney, with him) for the Commonwealth.

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

SPINA, J.

The defendant was convicted of deliberately premeditated murder. On appeal he asserts error in (1) the judge's refusal to instruct the jury that they could consider evidence of voluntary intoxication on the question of his capacity to premeditate deliberately, (2) the judge's refusal to instruct the jury that they could return a verdict of voluntary manslaughter based on evidence of reasonable provocation or mutual...

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