SPALDING, J.
On January 12, 1956, Reginald F. Metcalf, then aged thirteen years and about nine and one half months, shot and killed Philip Kantrowitz in Newburyport. On May 16, 1956, Reginald, who was then fourteen years of age, was indicted for murder by the grand jury for Essex County. Since the indictment was in the statutory form prescribed by G.L.c. 277, § 79, and contained no allegation of murder in the second degree, it charged murder in the first degree...
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