Commonwealth v. DiRenzo

At their first trial, the defendants were convicted by a jury of delinquency by reason of second degree murder. This court reversed those convictions based upon our conclusion that “[t]he inclusion of the words ‘or serious bodily injury’ or like language in the so-called third prong of malice instruction is error.” Commonwealth v. DiRenzo, 44 Mass. App. Ct. 95, 99 (1997). After retrial in the Juvenile Court, a jury again returned delinquency verdicts of murder in the second degree against both defendants. We reject the defendants’ several claims of error and affirm the judgments of conviction.