Commonwealth v. Chaleumphong

The defendants, Viengsaymay Chaleumphong and Donnie Bouphavongsa, were convicted of the murder of Joshua Molina in the first degree on the theory of extreme atrocity or cruelty, and assault and battery of Juan Santana by means of a dangerous weapon. On appeal, Chaleumphong claims that the judge erred by (1) announcing during the third day of empanelment that he might seat fewer than sixteen jurors; (2) admitting vouching evidence, and permitting the prosecutor to vouch for witnesses during argument; (3) refitsing to instruct on voluntary intoxication; (4) lowering the Commonwealth’s burden in…