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COMMONWEALTH v. ROSS

363 Mass. 665 (1973)

296 N.E.2d 810

COMMONWEALTH vs. JAMES ROSS, JR.

Supreme Judicial Court of Massachusetts, Suffolk.

May 29, 1973.

Attorney(s) appearing for the Case

Michael G. West for the defendant.

Gerald F. Muldoon, Assistant District Attorney (James M. McDonough, Legal Assistant to the District Attorney, with him) for the Commonwealth.

Robert H. Quinn, Attorney General, & Jeremiah O'Sullivan, Assistant Attorney General, amici curiae, submitted a brief.

Present: TAURO, C.J., REARDON, QUIRICO, KAPLAN, & WILKINS, JJ.

TAURO, C.J.

This case is here pursuant to an order entered by the United States Supreme Court1 granting the defendant's petition for certiorari, vacating the judgment affirming his conviction (Commonwealth v. Ross, 361 Mass. 665) and remanding the case to us for further consideration in the light of Ham v. South Carolina,

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