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Commonwealth v. Vaughn

11/19/1997

Ct. at 73 (internal quotation and citations omitted) ("In order to be a proximate cause of death, a defendant's conduct need not be the only cause. Rather, conduct is a proximate cause of death if, in the natural and continuous sequence, it produces the death, and the death would not have occurred in its absence.").


5. The refusal to give the defendant's requested instruction.


Having determined that the prosecutor's argument was not improper or, in any event, was not prejudicial in light of the instructions, we reject the defendant's argument that the judge was required to give his requested instruction. "We do not require that any specific words be spoken in a jury instruction. . . . Judges need not deliver their instructions in any particular form of words, so long as all necessary instructions are given in adequate words." Commonwealth v. Torres, 420 Mass. 479, 484 (1995), and cases cited. Here, the judge properly explained the offense of involuntary manslaughter and made clear to the jury that they could not find the defendant guilty unless the Commonwealth proved beyond a reasonable doubt that the defendant injected St. Saveur with heroin and that the injection was reckless and caused her death. There was no error.


Judgment affirmed.






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