Commonwealth v. Berry

A jury convicted the defendant of murder in the first degree and burglary with actual assault, for which he received concurrent life sentences.1 On appeal, the defendant *97challenges (1) the denial of his motion to dismiss, on the ground that the evidence did not support the District Court’s transfer order; (2) the denial of his motion to suppress cigarettes and matches as evidence; (3) the admission of certain allegedly inflammatory evidence; (4) the submission of the case to the jury on the theory of felony-murder; (5) the trial judge’s refusal to instruct the jury that they must agree…