CUTTER, J.
Appleby was found guilty of the first degree murder of Mary McCue, a seventy-four year old resident of the Hotel Touraine, a lodging house in Lynn. Her naked, bloody corpse was found in her room about 9 P.M. on Sunday, March 10, 1968. There was evidence of sexual assaults and other abuses which need not be set forth in detail. The jury recommended that the death sentence be not imposed.
The trial was conducted subject to G.L.c. 278, §§...
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