SPIEGEL, J.
This is an appeal under the provisions of G.L.c. 278, § 33B, as amended through St. 1955, c. 352, § 1, from a conviction of murder in the second degree. The defendant, having waived a trial by jury, was tried before a judge on two indictments. In one he was charged with murder in the second degree. The other was for conspiracy with eight other codefendants to commit an assault
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