COMMONWEALTH v. NOEUN SOK


439 Mass. 428 (2003)

COMMONWEALTH v. NOEUN SOK.

Supreme Judicial Court of Massachusetts, Middlesex.

May 20, 2003.


Attorney(s) appearing for the Case

Carlo A. Obligato, Committee for Public Counsel Services, for the defendant.

Loretta M. Lillios, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, & SOSMAN, JJ.


SPINA, J.

The defendant, Noeun Sok, was convicted of murder in the first degree on the theory of extreme atrocity or cruelty. On appeal he asserts error in (1) the denial of his motion for a required finding of not guilty as to murder by extreme atrocity or cruelty; (2) various evidentiary rulings; (3) the instructions that permitted the jury to consider the murder weapon as evidence of both malice and extreme atrocity or cruelty; and (4) the absence of an instruction...

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