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COMMONWEALTH v. SMITH

357 Mass. 168 (1970)

258 N.E.2d 13

COMMONWEALTH vs. PAUL N. SMITH.

Supreme Judicial Court of Massachusetts, Plymouth.

April 3, 1970.

Attorney(s) appearing for the Case

Edward H. Stevens for the defendant.

Robert L. Anderson, District Attorney, for the Commonwealth.

Present: WILKINS, C.J., SPALDING, KIRK, SPIEGEL, & QUIRICO, JJ.

QUIRICO, J.

The defendant was tried on an indictment charging him with the crime of murder in the first degree allegedly committed on July 29, 1965. He was found guilty by a jury in March, 1966. The jury did not recommend that the sentence of death be not imposed. G.L.c. 265, § 2. On appeal this court reversed the conviction on January 4, 1968, in Commonwealth v. Smith, 353 Mass. 487<...

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