Commonwealth v. Roberts

On July 29, 1997, a jury convicted the defendant of murder in the first degree on the theory of deliberate premeditation.1 We consolidate the appeal from his conviction with his appeal from the trial judge’s denial of his motion for a new trial, and affirm both the conviction and the denial of the motion. After reviewing the whole record, we decline to exercise our power under G. L. c. 278, § 33E, to order a new trial or to direct entry of a verdict of a lesser degree of guilt. See Commonwealth v. Nieves, 429 Mass. 763, 764, 770 (1999).

1. Facts. The jury could have found the following facts.…