Massachusetts Supreme Judicial Court July 10, 1997 (Commonwealth v. Rodriguez)

Lynch, J.

The defendant appeals from his conviction of murder in the first degree on the theory of extreme atrocity or cruelty. He *362contends that (1) he did not knowingly, intelligently, and voluntarily waive his Miranda rights; (2) the judge impermissibly relied on extraneous evidence in concluding that his confession was voluntary; (3) the judge improperly instructed the jury on the