Legal Opinion
Commonwealth v. Masello
Massachusetts Supreme Judicial Court
Decided December 9, 1998PublishedCited by 21 opinions
1Opinion of the CourtMarshall, J.
On November 14, 1995, the defendant was convicted by a jury of the crime of murder in the first degree (G. L. c. 265, § 1) on the theory of deliberate premeditation. The victim was his twenty-four year old girl friend. The cause of death was a wound to the left side of her head from a gun fired at close range. The defense was that the gun had discharged accidentally.
Represented by new counsel on appeal, the defendant claims that the judge erred in failing to instruct the jury on manslaughter as a lesser included offense, despite his trial counsel’s express request that the jury be instructed…
2Cases cited26 opinions
- Commonwealth v. WaldenMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. CurtisMassachusetts Supreme Judicial Court · 1994
- Commonwealth v. BeckettMassachusetts Supreme Judicial Court · 1977
- Commonwealth v. ConnorMassachusetts Supreme Judicial Court · 1984
- Commonwealth v. SantiagoMassachusetts Supreme Judicial Court · 1997
21 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Kosilek v. SpencerCourt of Appeals for the First Circuit · 2014
- Commonwealth v. AcevedoMassachusetts Supreme Judicial Court · 2006
- Commonwealth v. SimpsonMassachusetts Supreme Judicial Court · 2001
- Commonwealth v. TranMassachusetts Supreme Judicial Court · 2011
- Commonwealth v. McAfeeMassachusetts Supreme Judicial Court · 1999
16 more not listed; retrieve them via the Exa API.