Commonwealth v. Nolan

Wilkins, CJ.

The defendant appeals from his conviction of murder in the first degree on the theory of deliberate premeditation. He challenges (1) the denial of his motion to dismiss on double jeopardy grounds, (2) the admission of a witness’s rec*542orded statement given to the police, admitted as past recollection recorded, (3) his counsel’s failure to request separate verdicts as to his guilt as a principal and as a joint venturer, and (4) his counsel’s failure to object to the judge’s instruction on malice in conjunction with his instruction on deliberate premeditation. He also seeks relief…