[Download] "Commonwealth v. Roy W. White" by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Roy W. White
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 25, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
At a murder trial, the defendant was not prejudiced by any defect in the Judge's instructions on malice where the fact that a murder had been committed was conceded by the defendant and the only issue contested by him was whether he or a companion had shot the victim. [286-287] O'Connor, J., Dissenting on the ground that a correct definition of malice was essential to a determination of the issue whether the defendant had been a partner in a joint venture in which his companion had shot the victim. [290-295] On review of the record in a murder case, this court concluded that the Judge's instructions to the jury did not so confuse the theories of felony-murder and joint venture to commit murder that his instructions improperly shifted the burden of proof on malice to the defendant. [287-290] O'Connor, J., Dissenting.