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COMMONWEALTH v. REGO

360 Mass. 385 (1971)

274 N.E.2d 795

COMMONWEALTH vs. JOSEPH F. REGO (and five companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

November 5, 1971.

Attorney(s) appearing for the Case

John A. Pino for the defendants John Stokes & another.

James F. Morelli for the defendant Joseph F. Rego.

Thomas J. Mundy, Jr., Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., CUTTER, REARDON, BRAUCHER, & HENNESSEY, JJ.

HENNESSEY, J.

The three defendants were indicted upon charges of murder in the first degree and breaking and entering in the nighttime. The defendants were tried together on all indictments and the jury returned verdicts of guilty of murder in the first degree and breaking and entering in the nighttime against each defendant, but the jury recommended that the death sentence be not imposed. The cases are here on appeal under G.L.c. 278, §§ 33A-33G.

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