(DOWNLOAD) "Commonwealth v. Louis Greco" by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Louis Greco
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 13, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Louis Greco, a co-defendant of Henry Tameleo, see Commonwealth v. Tameleo, ante 368 (1981), was granted leave by a single Justice of this court to appeal from an order of the Superior Court denying his motion for a new trial. He claims that the trial Judge's instructions to the jury (1) created a mandatory presumption of malice, shifting the burden of proof to the defendant, see Sandstrom v. Montana, 442 U.S. 510 (1979); (2) trivialized the jury's duty through the use of personal decision-making examples in the definition of the reasonable doubt standard, see Commonwealth v. Ferreira, 373 Mass. 116 (1977); (3) shifted the burden of proof to the defendant to prove alibi, see Commonwealth v. McLeod, 367 Mass. 500 (1975); and (4) otherwise incorrectly explained the burden of proof. For the reasons stated in Commonwealth v. Tameleo, supra, and Commonwealth v. Pisa, ante 362 (1981), 1 we conclude that the order of the Superior Court Judge denying the defendant's motion for a new trial should be affirmed.