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COMMONWEALTH vs. MICHAEL BLANCHARD.
February 27, 2017.
Practice, Criminal, Jury and jurors, Deliberation of jury, Instructions to jury, Voir dire, Mistrial, Confrontation of witnesses, Required finding. Constitutional Law, Jury, Confrontation of witnesses. Jury and Jurors. Evidence, Expert opinion, Cross-examination. Witness, Cross-examination. Firearms. License.
In the early morning hours of March 16, 2010, the defendant, by his own admission, fired multiple shots into the window of the apartment where Stephen Erving, Jr., was asleep, and killed him. The Commonwealth charged the defendant with murder in the first degree, armed assault with the intent to murder, and carrying a firearm without a license. At trial, there was an issue whether the defendant’s actions were consistent with manslaughter where he argued that he fired the shots to scare, not kill, Erving, who purportedly had threatened the defendant and his family. The jury ultimately convicted the defendant of murder in the second degree and carrying a firearm without a license. He appealed from the convictions to the Appeals Court.