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COMMONWEALTH v. CONNOLLY

356 Mass. 617 (1970)

255 N.E.2d 191

COMMONWEALTH vs. DANIEL R. CONNOLLY (and a companion case).

Supreme Judicial Court of Massachusetts, Essex.

January 28, 1970.

Attorney(s) appearing for the Case

Alfred P. Farese (Ignatius R.J. Piscitello with him) for the defendant Cote.

Joseph Sax, for the defendant Connolly, submitted a brief.

Howard J. Camuso, Assistant District Attorney, for the Commonwealth.

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

SPALDING, J.

Under indictments charging them with the murder of one John Chwalek, the defendants, Daniel R. Connolly and Richard J. Cote, were found guilty of murder in the first degree, with a recommendation that the death sentence be not imposed. The defendants appealed. G.L.c. 278, §§ 33A-33G.

The evidence relating to the homicide came from one Sylvia E. Haggar, an eyewitness, whose testimony in substance was as follows. On the evening of November...

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