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COMMONWEALTH v. JOHNSON

SJC-10823.

461 Mass. 1 (2011)

COMMONWEALTH v. GEORGE JOHNSON, JR.

Supreme Judicial Court of Massachusetts, Suffolk.

November 22, 2011.

Attorney(s) appearing for the Case

Charles K. Stephenson for the defendant.

Jane Davidson Montori, Assistant District Attorney, for the Commonwealth.

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

SPINA, J.

The defendant filed an application in the county court under G. L. c. 278, § 33E, for leave to appeal from the denial of his second motion for a new trial. A single justice reserved and reported the case to the full court on the question whether a so-called Acevedo error in the jury instructions on the burden of proof on provocation presents a "new and substantial" question under the statute, Commonwealth v. Acevedo,

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