HENNESSEY, J.
The defendant appeals under G.L.c. 278, §§ 33A-33G, from a conviction for murder in the first degree of one Leo J. Bourgault. The jury, under procedure which was appropriate at the time of trial, recommended that the sentence of death be not imposed, and the defendant was sentenced to life imprisonment.
There was evidence from which the jury were warranted in concluding that about 1 A.M., on the morning of August 17, 1970, the victim...
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