Commonwealth v. Berry

In March of 2006, a jury found the defendant guilty of murder in the first degree on a theory of extreme *764atrocity or cruelty.1 See Commonwealth v. Berry, 457 Mass. 602 (2010). This court reversed the defendant’s conviction because of an error in the jury instructions on lack of criminal responsibility, and we remanded the case for a new trial. Id. at 615-618. The defendant was tried again in October, 2011, and again was convicted of murder in the first degree on a theory of extreme atrocity or cruelty. Before us is the defendant’s appeal from that conviction. The defendant argues that the…