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COMMONWEALTH v. VIZCARRONDO

427 Mass. 392 (1998)

COMMONWEALTH v. RAMON LUIS VIZCARRONDO.

Supreme Judicial Court of Massachusetts, Hampden.

May 7, 1998.

Attorney(s) appearing for the Case

David Duncan for the defendant.

Elizabeth Dunphy Farris, Assistant District Attorney, for the Commonwealth.

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

ABRAMS, J.

The defendant, Ramon Luis Vizcarrondo, appeals from his conviction of murder in the first degree by reason of extreme atrocity or cruelty. He alleges that he is entitled to a new trial because of incorrect jury instructions on the third prong of malice. He argues that there is a substantial likelihood of a miscarriage of justice1 because the instructions permitted a reasonable juror to infer malice on less than a plain and strong...

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