Commonwealth v. Sires

Convicted of murder in the first degree, see Commonwealth v. Sires, 370 Mass. 541 (1976), the defendant appeals from the denial of his motion for a new trial pursuant to Mass. R. Crim. P. 30 (a), 378 Mass. 900 (1979). On appeal, the defendant alleges various deficiencies in the judge’s instructions to the jury. We focus on that aspect of the charge which the judge conceded to be now constitutionally deficient. We conclude that the judge’s charge shifted the burden of proof to the defendant, contrary to the principles of Sandstrom v. Montana, 442 U.S. 510 (1979) and Francis v. Franklin, 471…