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COMMONWEALTH v. TU TRINH

No. SJC-10191.

458 Mass. 776 (2011)

COMMONWEALTH v. TU TRINH.

Supreme Judicial Court of Massachusetts, Suffolk.

January 31, 2011.

Attorney(s) appearing for the Case

David H. Mirsky for the defendant.

Zachary Hillman, Assistant District Attorney (Mark Lee, Assistant District Attorney, with him) for the Commonwealth.

Present: MARSHALL, C.J., IRELAND, SPINA, BOTSFORD, & GANTS, JJ.

BOTSFORD, J.

A jury in the Superior Court convicted the defendant of murder in the first degree on a theory of deliberate premeditation and of unlawful possession of a firearm.2 On appeal, the defendant argues that reversal of the murder conviction3 is warranted because (1) the consciousness of guilt instruction was improper; (2) the judge failed to instruct on the lesser included offense of voluntary manslaughter...

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