Commonwealth v. Spinucci

In June, 2006, a Middlesex County jury found the defendant guilty of the murder in the first degree of Ryan Sullivan on the theory of extreme atrocity or cruelty; he also was found guilty of four related offenses involving two other victims, Wil liam Tighe and Jules Stevens. He appeals from these convictions and also appeals from the denial of his posttrial motion for relief. He argues that the trial judge erred by declining to instruct the jury on manslaughter on a provocation theory; denying his motion for a new trial on the ground that a manslaughter instruction on this theory clearly was…