Commonwealth v. Collins

After a jury trial in the Superior Court, the defendant, who had been indicted on a charge of murder in the first degree, was convicted of murder in the second degree. He appealed pursuant to G. L. c. 278, §§ 33A-33G. He argues that the judge’s instructions to the jury were erroneous, particularly in their failure to place the burden of proof on the Commonwealth as to the issues of self-defense and reasonable provocation. The defendant also argues that excesses in the closing argument of the prosecutor were such as to require a new trial. His arguments for appellate relief are based on this…