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COMMONWEALTH v. HARRISON

365 Mass. 235 (1974)

310 N.E.2d 599

COMMONWEALTH vs. KENNETH J. HARRISON.

Supreme Judicial Court of Massachusetts, Suffolk.

May 2, 1974.

Attorney(s) appearing for the Case

Albert L. Hutton, Jr., for the defendant.

Jack I. Zalkind, Special Assistant District Attorney (Elizabeth C. Casey, Assistant District Attorney, with him) for the Commonwealth.

Present: REARDON, QUIRICO, BRAUCHER, KAPLAN, & WILKINS, JJ.

WILKINS, J.

The defendant was found guilty of murder in the first degree by a jury who recommended that the sentence of death be not imposed.1 The defendant argues that the judge should not have submitted to the jury the question whether he was guilty of murder in the first degree. The judge charged the jury on murder in the first degree committed with "deliberately premeditated malice aforethought" and murder in the first degree committed...

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