Commonwealth v. Franklin

A Superior Court jury convicted the defendant of murder in the first degree on a theory of deliberate premeditation, in violation of G. L. c. 265, § 1, for the killing of John Falcone.1 The defendant raises four issues on appeal. First, he argues that the judge erred in permitting statements of the victim to be introduced in evidence for the purpose of establishing the defendant’s motive to kill where the evidence failed to show that the defendant knew of these statements. Second, he contends that his attorney’s failure to request that the jury be specifically instructed on issues relating to…