COMMONWEALTH v. DelVALLE


351 Mass. 489 (1966)

221 N.E.2d 922

COMMONWEALTH vs. HIPALITO DelVALLE (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

December 16, 1966.


Attorney(s) appearing for the Case

Lazar Lowinger, & Manuel N. Zapata of New York, for the defendants.

Joseph R. Nolan, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., SPALDING, CUTTER, SPIEGEL, & REARDON, JJ.


REARDON, J.

These are appeals under the provisions of G.L.c. 278, §§ 33A-33G. The defendants were indicted for, and found guilty of, second degree murder and were sentenced to life imprisonment. The cases come to us with a summary of the record, a transcript of the evidence, and assignments of error. We have reviewed the evidence. There was testimony as follows.

On July 23, 1965, Victor Rodriquez died as the result of a fall from the window of a...

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