278, § 33E, to reduce the murder verdict or to grant him a new trial. We reject the defendant's arguments and, after review of the entire record, conclude that there is no reason to exercise our extraordinary power pursuant to G.L.
#Coblyn v kennedy inc trial#
The defendant maintains also that the judge violated his right to a public trial by closing the court room to the public (except for the defendant's mother) and that the judge committed several other errors at trial. The defendant asserts in addition that the judge should not have instructed that store employees may use reasonably necessary force to detain a shoplifter she should have instructed on the lesser included offense of shoplifting and she stated improperly that the Commonwealth had proved that the killing was unlawful. He claims that, because any force or threats occurred only after the alleged robbery, the judge instructed improperly on armed robbery and that instruction was critical because, absent the armed robbery, there could be no conviction of felony-murder.
2 The case is before us on the defendant's direct appeal from these two convictions. The defendant was also convicted of assault and battery with a dangerous weapon, to wit, a knife, arising from his attack on Henry Young. The defendant was convicted of the murder in the first-degree of Cristian Giambrone on the theory of felony-murder with armed robbery as the predicate felony. Haggan, Assistant District Attorney, with her) for the Commonwealth. Elisabeth Kosterlitz Martino, Assistant District Attorney (Patrick M. Present: Ireland, Spina, Cowin, Cordy, Botsford, & Gants, JJ.1
Supreme Judicial Court of Massachusetts,Suffolk.ĬOMMONWEALTH v.
0 kommentar(er)
