Commonwealth v. Foxworth
Annotate this CaseAfter a jury trial, Defendant was convicted of deliberately premeditated murder and conspiracy to commit murder. The Supreme Judicial Court affirmed the convictions and declined to reduce the degree of guilt or order a new trial pursuant to Mass. Gen. Laws ch. 278, 33E, holding (1) the trial judge did not err in denying Defendant’s motion to suppress statements he made to an inmate, as Defendant failed to establish that the inmate was an agent of the Commonwealth; (2) the admission into evidence of statements Defendant’s alleged coconspirator made to the coconspirator’s wife was not in error, as the statutory rule of spousal disqualification did not apply; (3) there was no error in the admission of evidence of Defendant’s prior incarceration; (4) a statement by the prosecutor in closing argument was not an improper comment on Defendant’s failure to testify; and (5) there was no error in the judge’s instruction concerning the judge’s consideration of the testimony of an immunized witness.
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