Massachusetts Supreme Judicial Court October 5, 1981 (Commonwealth v. Stone)

A single justice of this court allowed the defendant to appeal the correctness of the order of a Superior Court judge denying the defendant’s motion for a new trial. G. L. c. 278, § 33E.1 In his motion the defendant challenged the trial judge’s instructions to the jury, claiming that the use of the word “presumption” in the malice instructions automatically required reversal of his conviction.