Commonwealth v. Allen

After a jury trial, Defendant was convicted of murder in the second degree and multiple firearms-related offenses. Defendant appealed, raising several claims. The Supreme Judicial Court reversed Defendant’s conviction of murder in the second degree and affirmed Defendant’s remaining convictions, holding (1) portions of the jury instructions concerning excessive force manslaughter were erroneous because they suggested that if Defendant used excessive force, the killing was murder and not manslaughter, and these errors were prejudicial; and (2) Defendant’s remaining arguments were without merit. Remanded for a new trial on the murder in the second degree charge. View "Commonwealth v. Allen" on Justia Law