LUMMUS, J.
The defendant brings this case here by appeal under G.L. (Ter. Ed.) c. 278, §§ 33A-33G, as amended, from a conviction of murder in the first degree in the killing of Leo F. Monfet on July 24, 1951, at North Andover by shooting during an armed robbery of said Monfet. Sentence of death was imposed under G.L. (Ter. Ed.) c. 279, § 4, as it appears in St. 1935, c. 437, § 3, and the execution of the sentence was stayed.
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