Commonwealth v. Brewster
Commonwealth v. Brewster
Opinion of the Court
The defendant appeals from his conviction of second degree murder. Our review of the record reveals no error that would call for reversal of his judgment of conviction.
The principal issue raised on appeal is whether the trial judge erred in omitting an instruction that the jury might consider the defendant’s mental impairment, due to his consumption of alcohol, as it bore on the issue of malice.
No extended discussion of the other arguments raised on this appeal is warranted because they are totally lacking in merit.
Judgment affirmed.
As the defendant neither requested such an instruction, nor objected to its omission, we review this claim of error under the substantial risk of a miscarriage of justice standard. See Commonwealth v. Bousquet, 407 Mass. 854, 865 n.6 (1990).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.