Commonwealth v. Gagne

The defendant was convicted of murder in the second degree and appeals pursuant to G. L. c. 278, §§ 33A-33G. He assigns as error (1) the trial judge’s failure to direct a verdict on so much of the indictment as charged murder, (2) the judge’s refusal to grant a new trial, and (3) the instructions to the jury on malice and self-defense. We find no error and affirm the judgment below.

The evidence at the trial was contradictory, with the following testimony introduced: The defendant was a pharmacist employed in a pharmacy owned by his father. On the night of the homicide, the defendant closed…