Commonwealth v. WestAnnotate this Case
The Supreme Judicial Court affirmed Defendant's conviction of murder in the first degree on a theory of extreme atrocity or cruelty, holding that Defendant's allegations of error were unavailing.
Specifically, the Supreme Judicial Court held (1) there was sufficient evidence to support a finding of extreme atrocity or cruelty, and therefore, the trial judge did not err in denying Defendant's motions for a required finding of not guilty; (2) there was no error in the trial judge's supplemental jury instruction; (3) the judge did not abuse her discretion in allowing the introduction of prior bad act evidence; (4) even if the prosecutor made a statement during his closing argument that crossed a line of hyperbole, there was no substantial likelihood of a miscarriage of justice; and (5) there was no error warranting relief under Mass. Gen. Laws ch. 278, 33E.