TAURO, C.J.
The defendant was found guilty on an indictment charging him with larceny by false pretense pursuant to G.L.c. 266, § 30. He did not appeal from that conviction. Four months later, he moved for a new trial under G.L.c. 278, § 29, on the ground that justice may not have been done. In support of his motion the defendant stated that "(1) the judge did not advise him of his right to counsel as required by Rule 3:10 of the Supreme Judicial Court Rules...
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