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COMMONWEALTH v. MARTIN

357 Mass. 190 (1970)

257 N.E.2d 444

COMMONWEALTH vs. FRANKLIN D. MARTIN.

Supreme Judicial Court of Massachusetts, Essex.

April 3, 1970.

Attorney(s) appearing for the Case

Alfred P. Farese for the defendant.

John N. Nestor, Assistant District Attorney, for the Commonwealth.

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

KIRK, J.

The defendant was tried on an indictment charging murder in the first degree of his wife, Constance Martin. After a trial subject to G.L.c. 278, §§ 33A-33G, the jury found the defendant guilty of murder in the second degree. The defendant appeals, assigning as error the dismissal of six veniremen, certain rulings on evidence, the denials of his motions for a mistrial, and the purported refusal by the judge to give certain requested instructions...

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