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COMMONWEALTH v. CARITA

356 Mass. 132 (1969)

249 N.E.2d 5

COMMONWEALTH vs. DAVID C. CARITA & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 4, 1969.

Attorney(s) appearing for the Case

Robert A. Stanziani for the defendant Wise.

Thomas C. Troy for the defendant Fondanova.

Henry E. Quarles, Sr., for the defendant Carita.

Albert L. Hutton, Jr., for the defendant Lynch.

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

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

REARDON, J.

The defendants, David C. Carita, Sabatino A. Fondanova, Francis B. Lynch and Paul J. Wise, appeal under G.L.c. 278, §§ 33A-33G, as amended, their convictions on indictments charging them with murder in the first degree and armed robbery. The jury having in each case recommended that the death sentence be not imposed on the murder indictments, the defendants were sentenced to life imprisonment. On the indictments for armed robbery, sentences for...

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