Commonwealth v. Judge

The defendant appeals from a conviction of murder in the first degree by reason of deliberate premeditation, of extreme atrocity or cruelty, and of felony-murder. He also was convicted of breaking and entering while armed in the nighttime with intent to commit a felony, and of armed robbery while masked. The defendant claims that the trial judge improperly instructed the jury on the third prong of the malice requirement for murder in the first degree and improperly admitted his written confession in evidence. The defendant also asks that we exercise our power under G. L. c. 278, § 33E (1992…