QUIRICO, J.
The defendant was indicted for the crimes of murder in the first degree and armed assault with intent to rob John J. Labanara. The two alleged crimes arose out of the same incident, the indictments were tried together under G.L.c. 278, §§ 33A-33G, and the jury found the defendant guilty on both. On the indictment charging murder the jury found the defendant guilty of murder in the first degree and recommended that the sentence of death be not...
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