Commonwealth v. Niland

Upon an indictment for first degree murder, a Superior Court jury found the defendant, Neil Niland, guilty of murder in the second degree. G. L. c. 265, § l.1 On appeal, the *527defendant contends that the trial judge erred in (1) refusing to instruct the jury that consciousness of guilt evidence was not probative on the issue of malice and (2) giving erroneous instructions on malice and involuntary manslaughter. We affirm the conviction.

We briefly summarize the facts presented at trial in the light most favorable to the Commonwealth, Commonwealth v. Nichypor, 419 Mass. 209, 210 (1994), reserving…