Commonwealth v. Gruning

A Superior Court jury found the defendant guilty of manslaughter in the death of Nelson DeOliveira, second *843degree felony-murder of Richard Stuart, armed assault with intent to kill as to Rhonda Stuart, assault and battery by means of a dangerous weapon, entering a dwelling while armed and using force therein, and illegal possession of a firearm.

On appeal, the defendant claims (1) the prosecutor’s opening statement was improper; (2) there was no independent felony to support the felony-murder conviction; (3) the judge should have given an alternative manslaughter instruction with respect to…