COMMONWEALTH v. DEVLIN.


335 Mass. 555 (1957)

141 N.E.2d 269

COMMONWEALTH vs. ARTHUR L. DEVLIN & others.

Supreme Judicial Court of Massachusetts, Middlesex.

March 20, 1957.


Attorney(s) appearing for the Case

Wendell F. Grimes, for the defendant LeBlanc.

Francis Juggins, for the defendant Devlin.

John F. Kelley, (Leonard Mullen with him,) for the defendant Arsenault.

Lyman C. Sprague, Assistant District Attorney, (Robert U. Holden & John P. Forte, Assistant District Attorneys, with him,) for the Commonwealth.

Present: WILKINS, C.J., RONAN, WILLIAMS, COUNIHAN, & CUTTER, JJ.


WILLIAMS, J.

The defendants have been found guilty of murder in the first degree of one Merrill R. Lovinger without recommendation by the jury that sentence of death be not imposed (G.L. [Ter. Ed.] c. 265, § 2, as appearing in St. 1951, c. 203, as amended by St. 1955, c. 770, § 78) and each has been sentenced to death. G.L. (Ter. Ed.) c. 279, § 4, as appearing in St. 1935, c. 437, § 3. The executions of the sentences have been stayed pending their...

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