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COMMONWEALTH v. ROLLINS

354 Mass. 630 (1968)

241 N.E.2d 809

COMMONWEALTH vs. FREDERICK ROLLINS.

Supreme Judicial Court of Massachusetts, Bristol.

October 31, 1968.

Attorney(s) appearing for the Case

James P. McGuire for the defendant.

Armand Fernandes, Jr., Assistant District Attorney, for the Commonwealth.

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

CUTTER, J.

Upon a second indictment for the murder of Frank Duarte on October 24, 1966, Rollins was found guilty of murder in the second degree of Frank Duarte by shooting. The case is before us under G.L.c. 278, §§ 33A-33G. The facts pertinent to each assignment of error are stated in connection with that assignment.

1. On November 15, 1966, Rollins was first indicted. On March 9, 1967, the District Attorney...

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