COMMONWEALTH v. McLAUGHLIN


364 Mass. 211 (1973)

303 N.E.2d 338

COMMONWEALTH vs. GEORGE P. McLAUGHLIN.

Supreme Judicial Court of Massachusetts, Suffolk.

November 1, 1973.


Attorney(s) appearing for the Case

Alexander Whiteside, II, for the defendant.

Newman A. Flanagan, Assistant District Attorney (Elizabeth C. Casey, Legal Assistant to the District Attorney, with him) for the Commonwealth.

Present: TAURO, C.J., REARDON, QUIRICO, HENNESSEY, & KAPLAN, JJ.


QUIRICO, J.

In October, 1965, the defendant was tried and found guilty by a jury on an indictment charging him with the murder in the first degree of one William J. Sheridan on March 15, 1964. The jury made no recommendation that the otherwise mandatory sentence of death be not imposed and the defendant was therefore sentenced to death. G.L.c. 265, § 2, as appearing in St. 1951, c. 203. The sentence of death has not been executed, nor has it been vacated pursuant...

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