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COMMONWEALTH v. McKENNA

355 Mass. 313 (1969)

244 N.E.2d 560

COMMONWEALTH vs. EUGENE G. McKENNA (and four companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

February 5, 1969.

Attorney(s) appearing for the Case

John C. Collins for the defendant McKenna.

Michael A. Molloy (John J. Riley with him) for the defendant Riley.

James F. Sullivan, Assistant District Attorney, for the Commonwealth.

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

KIRK, J.

The defendants Eugene G. McKenna and Michael E. Riley were each indicted for the murder of Jack Landau, and for robbery while armed with a dangerous weapon. Both were indicted for conspiracy to rob. The indictments were tried together subject to G.L.c. 278, §§ 33A-33G. Verdicts of guilty were returned on all indictments. The jury recommended that the death sentence not be imposed. The cases are here on appeals with assignments of error.

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