Commonwealth v. Carney
Annotate this CaseAfter a jury trial, Defendant was convicted of deliberately premeditated murder. Defendant appealed, claiming evidentiary error and prosecutorial misconduct. The Supreme Judicial Court affirmed the conviction and declined Defendant’s request for relief under Mass. Gen. Laws ch. 278, 33E, holding (1) the district judge did not abuse his discretion in admitting evidence of an autopsy photograph; (2) the district judge did not abuse his discretion in admitting a BB rifle together with ammunition that were unrelated to the killing; and (3) the prosecutor did commit impermissible misconduct during closing arguments.
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