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COMMONWEALTH v. LACASSE

365 Mass. 271 (1974)

310 N.E.2d 605

COMMONWEALTH vs. FERNAND J. LACASSE.

Supreme Judicial Court of Massachusetts, Essex.

May 6, 1974.

Attorney(s) appearing for the Case

Francis J. DiMento (Thomas C. Cameron with him) for the defendant.

John J. Jennings, Assistant District Attorney, for the Commonwealth.

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

REARDON, J.

The defendant was indicted for first degree murder and tried before a jury in the Superior Court where he was found guilty of manslaughter. The case was taken by the Appeals Court under G.L.c. 278, §§ 33A-33H, and the judgment was affirmed. The defendant's application for further appellate review under G.L.c. 211A, § 11, was granted limited to the issues raised by the defendant's fifth assignment of error, viz., whether there

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