Commonwealth v. WebsterAnnotate this Case
The Supreme Judicial Court affirmed Defendant’s conviction of murder in the first degree on a theory of felony-murder and other crimes and declined to grant extraordinary relief pursuant to Mass. Gen. Laws ch. 278, 33E, holding that Defendant was not entitled to relief on any of his claims of error.
Specifically, the Court held (1) the trial judge did not err by denying Defendant’s motion for a required finding of not guilty because there was sufficient evidence to find Defendant guilty of felony murder; (2) the trial judge did not err by admitting tire impression evidence and cell phone number evidence at trial; and (3) the trial judge did not err when it did not instruct the jury, sua sponte, on consciousness of guilt evidence, and Defendant’s counsel was not ineffective for failing to request such an instruction.