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COMMONWEALTH v. DIAZ

426 Mass. 548 (1998)

COMMONWEALTH v. ANGEL DIAZ.

Supreme Judicial Court of Massachusetts, Hampden.

January 29, 1998.

Attorney(s) appearing for the Case

Peter M. Onek for the defendant.

Marcia B. Julian, Assistant District Attorney, for the Commonwealth.

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

FRIED, J.

The defendant, Angel Diaz, was convicted of murder in the first degree by reason of deliberate premeditation. He asks that the conviction be reduced to murder in the second degree because of an error in the introduction of a hearsay statement and because of error in the charge respecting the specific intent to kill in the definition of malice aforethought. We affirm the conviction of murder in the first degree and decline to exercise our power under G. L...

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