ABRAMS, J.
Following a jury trial, the defendant, Wayne Grant, was convicted of murder in the first degree, assault and battery by means of a dangerous weapon, assault with intent to murder while armed, and carrying a handgun without a license. On appeal, the defendant challenges: (1) the judge's denial of his motion to dismiss for failure to comply with Mass. R. Crim. P. 36 (d) (3), 378 Mass. 909 (1979); (2) the judge's admission of a witness's statement as an excited...
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