Commonwealth v. Taylor

A Superior Court jury convicted the defendant of murder in the first degree on a theory of deliberate premeditation, in violation of G. L. c. 265, § 1, for the killing of David Fleet.1 The defendant raises four issues on appeal. First, he argues that the judge, in response to a question from the jury, erred in instructing the jury that “[t]o prove premeditation the Commonwealth must prove beyond a reasonable doubt that the defendant planned and intended to kill someone,” and that it is “immaterial” whether the intended victim was the actual victim. Second, he contends that it was improper…