SPIEGEL, J.
The defendant was tried on an indictment which charged that on or about May 11, 1968, he "did assault and beat Richard Webber, with intent to kill and murder him, by shooting him, and by such assault and beating did kill and murder said Richard Webber." The jury returned a verdict of guilty of murder in the first degree with a recommendation that the sentence of death be not imposed. The case was tried subject to G.L.c. 278, §§ 33A-33G, and is...
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