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COMMONWEALTH v. SMITH

SJC-10827.

460 Mass. 318 (2011)

COMMONWEALTH v. EDWIN F. SMITH.

Supreme Judicial Court of Massachusetts, Plymouth.

August 3, 2011.

Attorney(s) appearing for the Case

Mary E. Lee , Assistant District Attorney, for the Commonwealth.

David Keighley for the defendant.

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

SPINA, J.

The defendant was convicted in 1995 of murder in the first degree on the theory of extreme atrocity or cruelty. That conviction was affirmed on appeal. See Commonwealth v. Smith, 426 Mass. 76 (1997). In 2009, the defendant filed a motion for a new trial that challenged, inter alia, the instruction on extreme atrocity or cruelty, and the instruction on reasonable provocation as it relates to both murder and manslaughter...

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