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COMMONWEALTH v. RICHARDSON

429 Mass. 182 (1999)

COMMONWEALTH v. HEATH RICHARDSON.

Supreme Judicial Court of Massachusetts, Worcester.

March 5, 1999.

Attorney(s) appearing for the Case

Roger A. Cox for the defendant.

Anne S. Manzello, Assistant District Attorney, for the Commonwealth.

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

ABRAMS, J.

A jury convicted the defendant, Heath Richardson, of murder in the first degree on the theory of deliberate premeditation. The defendant appeals, arguing that the judge erred in denying his request for a missing witness instruction and by instructing the jurors that they had to consider murder in the second degree before considering murder in the first degree. We affirm the conviction. We decline to exercise our power under G. L. c. 278, § 33E, in...

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