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COMMONWEALTH v. KERRIGAN

349 Mass. 295 (1965)

207 N.E.2d 882

COMMONWEALTH vs. JOHN JOSEPH KERRIGAN.

Supreme Judicial Court of Massachusetts, Middlesex.

June 8, 1965.

Attorney(s) appearing for the Case

William E. O'Halloran (Roger Witkin with him) for the defendant.

Richard S. Kelley, Assistant District Attorney (Ruth I. Abrams, Assistant District Attorney, with him), for the Commonwealth.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & KIRK, JJ.

WHITTEMORE, J.

1. This is the third time that this court has dealt with the conviction of the defendant for murder in the first degree of Officer Lawrence W. Gorman. See 345 Mass. 508; 346 Mass. 786. The second decision affirmed the Superior Court's denial on December 23, 1963, of a motion for a new trial, the motion not having been filed within one year. G.L.c. 278, § 29, as amended by St. 1962, c. 310, § 1.

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