Commonwealth v. Fryar

The defendant was convicted of murder in the second degree and on two indictments charging assault and battery by means of a dangerous weapon.1 On appeal the defendant claims that (1) the process for selecting the grand and petit jury venire in Hampden County was unconstitutional; (2) the jury instructions regarding malice, the Commonwealth’ s burden of proof, and the judge’s refusal to instruct on involuntary manslaughter were improper; and (3) there were various errors with regard to evidentiary rulings. We granted his application for direct appellate review. We now affirm the convictions.

We…