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COMMONWEALTH v. DEL VALLE

353 Mass. 684 (1968)

234 N.E.2d 721

COMMONWEALTH vs. HIPALITO DEL VALLE (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

February 28, 1968.

Attorney(s) appearing for the Case

Lazar Lowinger for the defendants.

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

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

WILKINS, C.J.

Upon these indictments for murder in the second degree the defendants were convicted. In Commonwealth v. Del Valle, 351 Mass. 489, the judgments were reversed and the verdicts set aside. Thereafter each defendant filed a motion to dismiss the indictments and a motion to challenge the array. The motions were denied. A judge of the Superior Court has reported...

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