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COMMONWEALTH v. FRANCIS

355 Mass. 108 (1969)

243 N.E.2d 169

COMMONWEALTH vs. ROGER D. FRANCIS.

Supreme Judicial Court of Massachusetts, Plymouth.

January 2, 1969.

Attorney(s) appearing for the Case

Alfred E. Nugent for the defendant.

John Clark Wheatley, Assistant District Attorney, for the Commonwealth.

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

REARDON, J.

This is an appeal under G.L.c. 278, §§ 33A-33G. The defendant was tried before a jury on an indictment charging him with murder and was convicted of murder in the first degree. The jury recommended that the death sentence be not imposed and the defendant was sentenced to life imprisonment.

The defendant alleged various assignments of error but has pressed only two of those before us. He further...

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