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COMMONWEALTH v. GEARY

352 Mass. 427 (1967)

226 N.E.2d 253

COMMONWEALTH vs. BRUCE C. GEARY.

Supreme Judicial Court of Massachusetts, Suffolk.

April 27, 1967.

Attorney(s) appearing for the Case

Joseph P. McParland for the defendant.

Lawrence L. Cameron, Assistant District Attorney, for the Commonwealth.

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

CUTTER, J.

Geary was indicted and tried with one Wood for the second degree murder1 of one Leamon Mincey. Verdicts of guilty against both men were returned. Geary's appeal is before us under G.L.c. 278, §§ 33A-33G, as amended. On somewhat conflicting evidence the following facts could have been found.

About 10:30 P.M. on Saturday, April 17, 1965, Leamon Mincey with his wife and fourteen or fifteen friends (some of whom...

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