Commonwealth v. Millyan

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• affirming reduction to murder in second degree where evidence of intoxication undermined theory of deliberate premeditation and jury not instructed on issue of impairment due to intoxication
• affirming trial judge's decision to reduce verdict to murder in second degree where \judge seemed satisfied that Millyan was sufficiently intoxicated that he was unable to premeditate and deliberate\
• evidence of intoxication undermined theory of deliberate premeditation, but jury not instructed on issue of impairment due to intoxication
• \The general rule is that a witness may testify only to facts that he observed and may not give an opinion on those facts\
• failure of defendant to request intoxication instruction because it was inconsistent with trial strategy did not preclude verdict reduction, in light of evidence of intoxication
• although there was evidence of intoxication, jury not instructed on issue of impairment due to intoxication

Source: CourtListener parenthetical corpus (CC0).