Commonwealth v. Nichypor

Convicted of murder in the first degree by reason of extreme atrocity or cruelty and felony-murder, see *210G. L. c. 265, § 1 (1992 ed.), the defendant appeals. The defendant’s conviction of murder in the first degree was based on joint venture.1 The defendant claims that the judge improperly: (1) instructed' the jury on joint venture; (2) refused to instruct the jury on manslaughter; and (3) failed to instruct the jury on the humane practice rule. The defendant also asks that we exercise our power under G. L. c. 278, § 33E (1992 ed.), and enter a lesser degree of guilt. We affirm the conviction…