KIRK, J.
The defendant was tried and found guilty of murder in the first degree of John J. Gallagher. The jury did not recommend that the death sentence not be imposed. G.L.c. 265, § 2. The trial was made subject to G.L.c. 278, §§ 33A-33G, as amended. Sentence of death was imposed, and execution of the sentence has been stayed. G.L.c. 279, § 4. The case is here on the defendant's appeal, which is accompanied by a summary of the record, a transcript...
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