Commonwealth v. Roy

On February 25, 2010, a jury convicted the defendant, Robert Roy, of murder in the first degree of his wife on the theory of extreme atrocity or cruelty.1 The murder was alleged to have occurred in March, 1986. Represented by new counsel on appeal, the defendant asserts that a reduction in the verdict is required because there was insufficient evidence to support the jury’s verdict of murder by extreme atrocity or cruelty. He also argues error in the admission of evidence, the prosecutor’s closing argument, and the jury instructions, and seeks relief pursuant to G. L. c. 278, § 33E. Because…