COMMONWEALTH v. GENIUS


387 Mass. 695 (1982)

442 N.E.2d 1157

COMMONWEALTH vs. EVERARD A. GENIUS.

Supreme Judicial Court of Massachusetts, Suffolk.

December 7, 1982.


Attorney(s) appearing for the Case

Charles M. Burnim for the defendant.

Robert J. McKenna, Jr., Assistant District Attorney, for the Commonwealth.

Present: WILKINS, LIACOS, ABRAMS, NOLAN, & LYNCH, JJ.


WILKINS, J.

The defendant appeals from his conviction of murder in the first degree of one Lillie Mae Nesbitt. None of the issues argued in his appeal was raised by his trial counsel. His new appellate counsel, relying principally on G.L.c. 278, § 33E, argues that certain errors and omissions in the judge's instructions to the jury created a substantial likelihood of a miscarriage of justice requiring a new trial. We need decide the issues argued only in these...

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