KIRK, J.
At the trial of the defendant on an indictment charging him with murder in the first degree the jury returned a verdict of guilty with a recommendation that the death penalty not be imposed. G.L.c. 265, § 2. All proceedings were subject to G.L.c. 278, §§ 33A-33G, inclusive. The case is before us on the defendant's appeal which is accompanied by a summary of the record, a transcript of the evidence and the assignments of error. The only assignment...
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