Commonwealth v. Berry

Jermaine Berry was indicted on a charge of murder *327in the second degree in a stabbing death. At trial, the Commonwealth proceeded against Berry for causing the death of the victim either individually or as a joint venturer. The jury convicted Berry of voluntary manslaughter. The verdict did not specify whether the jury found the defendant guilty individually or as a joint venturer. Berry appealed and the Appeals Court affirmed the conviction. Commonwealth v. Berry, 47 Mass. App. Ct. 24 (1999).

We granted Berry’s application for further appellate review. Although Berry was charged with murder in…