Commonwealth v. Lowe

The defendant was tried to a jury in the Superior Court. After the allowance of his motion for a required finding of not guilty as to so much of the indictment as charged murder in the first degree, he was convicted of murder in the second degree. On appeal, the defendant’s principal argument centers on the failure of the judge to give to the jury requested instructions relating to the defendant’s claim of accident. The defendant also claims that certain excesses in the closing argument of the prosecutor were such as to require a new trial.

After reviewing the entire charge, we conclude that…