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COMMONWEALTH v. WARD

426 Mass. 290 (1997)

COMMONWEALTH v. JUSTIN C. WARD.

Supreme Judicial Court of Massachusetts, Barnstable.

December 17, 1997.

Attorney(s) appearing for the Case

Carol A. Donovan, Committee for Public Counsel Services, for the defendant.

Julia K. Holler, Assistant District Attorney (Gary Saladino, Assistant District Attorney, with her) for the Commonwealth.

Present: WILKINS, C.J., ABRAMS, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

FRIED, J.

The defendant, Justin C. Ward, was convicted of murder in the first degree and illegal possession of a firearm. He appeals from the murder conviction. Finding error in the judge's jury instruction on deliberate premeditation, we reduce the conviction to murder in the second degree. We decline to grant a new trial or to reduce the verdict to manslaughter under G. L. c. 278, § 33E.

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