COMMONWEALTH v. PEREZ


357 Mass. 290 (1970)

258 N.E.2d 1

COMMONWEALTH vs. JOSE PEREZ.

Supreme Judicial Court of Massachusetts, Hampden.

April 15, 1970.


Attorney(s) appearing for the Case

Kent B. Smith (S. Thomas Martinelli with him) for the defendant.

Matthew J. Ryan, Jr., District Attorney (Leonard E. Gibbons, Assistant District Attorney, with him) for the Commonwealth.

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


KIRK, J.

The defendant, Jose Perez, was tried under indictments charging murder in the first degree, armed robbery, and breaking and entering in the nighttime with intent to commit a felony. The jury returned verdicts of guilty on all three indictments, with the recommendation that the death penalty be not imposed. The case is before us on the defendant's appeals under G.L.c. 278, §§ 33A-33G. He assigns as error...

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