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COMMONWEALTH v. PISA

384 Mass. 362 (1981)

425 N.E.2d 290

COMMONWEALTH vs. RALPH A. PISA.

Supreme Judicial Court of Massachusetts, Middlesex.

August 13, 1981.

Attorney(s) appearing for the Case

John Cavicchi for the defendant.

Peter W. Agnes, Jr., Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.

ABRAMS, J.

A single justice of this court allowed the defendant to appeal the correctness of the order of the Superior Court judge denying the defendant's latest1 motion for a new trial. G.L.c. 278, § 33E. In this motion, the defendant Ralph A. Pisa challenged the trial judge's instructions to the jury, claiming that the use of the word "presumption" in the malice instructions automatically...

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