Commonwealth v. Souza

After separate trials, the defendant and Richard J. Viveiros were convicted of second degree murder in the death of Joseph Brum. On appeal, the defendant claims that the evidence was insufficient to prove that his acts were the proximate cause of Brum’s death, that errors in the instructions created a substantial risk of a miscarriage of justice, and that the judge erred in allowing a leather wrist band with metal spikes on it to be displayed to the jury. We affirm the defendant’s conviction.

On the basis of the Commonwealth’s evidence against the defendant, the jury could have found the…