COMMONWEALTH v. STEWART


359 Mass. 671 (1971)

270 N.E.2d 811

COMMONWEALTH vs. JOHN S. STEWART.

Supreme Judicial Court of Massachusetts, Suffolk..

June 16, 1971.


Attorney(s) appearing for the Case

William P. Homans, Jr., (Thomas G. Shapiro with him) for the defendant.

Newman A. Flanagan, Assistant District Attorney, (Elizabeth C. Casey, Legal Assistant to the District Attorney, with him) for the Commonwealth.

Present: TAURO, C.J., SPALDING, CUTTER, QUIRICO, & BRAUCHER, JJ.


SPALDING, J.

These are appeals under G.L.c. 278, §§ 33A-33G, from convictions under indictments charging murder in the first degree, armed robbery, assault with intent to murder while being armed, and assault with intent to rob while being armed. The jury did not recommend that the death penalty not be imposed.

There was evidence from which the jury could have found the following. The defendant, on March 17, 1969, was in the Tam Cafe in Boston for...

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