KAPLAN, J.
Joan Rembiszewski was killed in the early morning of October 12, 1969. Her body was found lying beside a station wagon on a cart path in a wooded area off Route 146 in Sutton, Massachusetts.
Her husband, a Worcester school teacher, was indicted for murder and was tried by a jury who found him guilty of murder in the first degree but recommended that the sentence of death be not imposed. Subsequently the defendant made a motion for a new trial which...
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