Commonwealth v. Sullivan

Upon retrial after the reversal of his conviction because of error in the jury instructions on reasonable doubt, Commonwealth v. Sullivan, 20 Mass. App. Ct. 802, 804-807 (1985), the defendant was again found guilty of murder in the second degree. In reversing the defendant’s first convictions, we considered issues likely to recur at any retrial and stated that it would be “wise” to instruct the jury on involuntary manslaughter. Id. at 809. Such an instruction was requested and given at the retrial. On appeal, the defendant claims that the definitions of malice aforethought and wanton or…