Commonwealth v. Alleyne
Annotate this CaseAfter a jury trial, Defendant was convicted of murder in the first degree and assault and battery. The Supreme Judicial Court affirmed Defendant’s convictions and discerned no basis to exercise its authority pursuant to Mass. Gen. Laws ch. 278, 33E, holding (1) the trial judge did not act unreasonably in failing to conduct a voir dire of an inattentive juror; (2) the judge did not abuse his discretion in his evidentiary rulings allowing the admission of numerous autopsy photographs, certain of Defendant’s statements, and the victim’s purse; (3) the judge did not err in giving instructions to the jury in accordance with Commonwealth v. DiGiambattista; and (4) the judge’s instructions on murder in the first degree committed with extreme atrocity or cruelty were not in error.
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