Commonwealth v. MoseleyAnnotate this Case
The Supreme Judicial Court affirmed Defendant's conviction of murder in the first degree on the theory of deliberate premeditation and the denial of his motion for a new trial, holding that Defendant was not entitled to relief on any of his allegations of error and that there was no abuse of discretion in the denial of Defendant's motion for a new trial.
Specifically, the Court held (1) the trial court did not err in allowing certain statements to be introduced at trial; (2) the trial judge did not err in declining to instruct the jury on involuntary manslaughter; (3) there was not a substantial likelihood of a miscarriage of justice on the basis of counsel's closing argument and no abuse of discretion in the denial of Defendant's motion for a new trial; and (4) there is not reason to grant a new trial or to reduce the verdict pursuant to Mass. Gen. Laws ch. 278, 33E.