Commonwealth v. Johnson

The defendant was convicted by a jury of the crimes of murder in the first degree (G. L. c. 265, § 1), and breaking and entering a dwelling house in the nighttime with intent to commit a felony and assaulting a person therein (G. L. c. 266, § 14). The cases are now before us on the defendant’s appeals under G. L. c. 278, §§ 33A-33G.

The defendant claims errors by the trial judge with respect to (a) his failure to take curative action concerning alleged improper statements made by the prosecutor in the course of his final argument to the jury, and (b) his instructions to the jury on the effect…