Commonwealth v. Montanez

We reverse this second degree murder conviction because of flawed provocation and voluntary manslaughter instructions held defective in Commonwealth v. Acevedo, 427 Mass. 714 (1998). In addition to the erroneous instructions, we also address the following issues because they may arise on a retrial: (a) the denial of a suppression motion directed at the initial investigatory stop, where the originating source was an anonymous telephone tip; (b) the denial of the suppression motion on the basis of the voluntariness of the defendant’s statement given after he had been held in detention for a…