Massachusetts Supreme Judicial Court February 2, 2007 (Commonwealth v. Kirwan)

Spina, J.

The defendant was convicted of murder in the first degree, on a theory of deliberate premeditation. On appeal he alleges error in (1) the denial of his motion for a required finding of not guilty at the close of the Commonwealth’s case, and (2) the denial of the motion to suppress his statement made to police without prior Miranda warnings.