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COMMONWEALTH v. MURPHY

356 Mass. 604 (1970)

254 N.E.2d 895

COMMONWEALTH vs. STEPHEN H. MURPHY.

Supreme Judicial Court of Massachusetts, Hampshire.

January 20, 1970.

Attorney(s) appearing for the Case

John F. Foley (Stephen R. Kaplan with him) for the defendant.

Oscar Grife, District Attorney, for the Commonwealth.

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

REARDON, J.

The defendant was indicted for and found guilty of murder in the first degree of George W. Rollins, and arson of the property of Lewis J. Payton. There was a recommendation by the jury that the death sentence not be imposed. A trial was held on the indictments pursuant to the provisions of G.L.c. 278, §§ 33A-33G. The defendant's appeals are here on a transcript of the evidence, a summary of the records, and assignments of

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