SPALDING, J.
On an indictment charging the defendant with the murder of Gerald M. McCabe, the jury returned a verdict of guilty of murder in the first degree with a recommendation that the death penalty be not imposed. The defendant appealed. G.L.c. 278, §§ 33A-33G.
There was evidence of the following. The defendant and one Gaylord spent the night of October 27, 1968, on the top floor of an abandoned building at 362-364 Tremont Street, Boston. In...
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