Legal Opinion

Commonwealth v. Albert

Massachusetts Supreme Judicial Court

Decided May 15, 1984PublishedCited by 69 opinions

1Opinion of the CourtLynch, J.

The defendant was convicted of murder in the first degree, on November 24, 1982, and was sentenced to life imprisonment. He now appeals, and requests that we exercise our power under G. L. c. 278, § 33E, to order a new trial or to direct the entry of a verdict of a lesser degree of guilt.

The defendant alleges that the trial judge’s instructions to the jury were deficient in that they (1) failed to place the burden of proof regarding self-defense and provocation clearly on the prosecution, (2) invaded the jury’s fact-finding function by suggesting an inference of malice from the intentional…

2Cases cited25 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Sandstrom v. MontanaSupreme Court of the United States · 1979
  3. Mullaney v. WilburSupreme Court of the United States · 1975
  4. Commonwealth v. HarringtonMassachusetts Supreme Judicial Court · 1980
  5. Commonwealth v. MadeirosMassachusetts Supreme Judicial Court · 1926

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3Cited by69 opinions

  1. Commonwealth v. WaiteMassachusetts Supreme Judicial Court · 1996
  2. Commonwealth v. RosaMassachusetts Supreme Judicial Court · 1996
  3. Commonwealth v. McLeodMassachusetts Supreme Judicial Court · 1985
  4. Commonwealth v. LawrenceMassachusetts Supreme Judicial Court · 1989
  5. Commonwealth v. AndersonMassachusetts Supreme Judicial Court · 1985

64 more not listed; retrieve them via the Exa API.

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