SPALDING, J.
Early in the afternoon of April 20, 1957, the defendant shot and killed Beatrice R. Fishman at her home in Brookline. Under an indictment charging murder, the defendant was found guilty of murder in the first degree. Since the jury made no recommendation (see G.L.c. 265, § 2, as amended through St. 1951, c. 203) a sentence of
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