(Download) "Commonwealth v. Lee A. Giguere" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Lee A. Giguere
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 03, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Homicide. Practice, Criminal, Instructions to jury, Presumptions and burden of proof, Capital case, Comment by prosecutor. Due Process of Law, Burden of proof. Malice. Intoxication. Evidence, Tape recording. ABRAMS, J. Convicted of murder in the first degree, Lee A. Giguere appeals. 1 On appeal, he argues that: (1) the Judge, in his instructions to the jury, improperly shifted the burden of proof to the defendant; (2) the Judge improperly failed to give an adequate instruction on the effect of intoxication on premeditation; and (3) based on the facts of the case and trial errors we should enter a lesser degree of guilt. See G. L. c. 278, § 33E (1992 ed.). We affirm the judgment. We conclude that we should not exercise our power under G. L. c. 278, § 33E, to order a new trial or to enter a lesser degree of guilt on the conviction of murder in the first degree.