COMMONWEALTH v. McALISTER


365 Mass. 454 (1974)

313 N.E.2d 113

COMMONWEALTH vs. JAMES McALISTER.

Supreme Judicial Court of Massachusetts, Suffolk.

June 12, 1974.


Attorney(s) appearing for the Case

William P. Homans, Jr., for the defendant.

John T. Gaffney, Assistant District Attorney (James M. McDonough, Legal Assistant to the District Attorney, with him) for the Commonwealth.

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


REARDON, J.

The defendant was convicted of murder in the first degree, armed robbery, and unlawful possession of a firearm. There was no recommendation by the jury that the death penalty be not imposed. A sentence of life imprisonment was imposed on the armed robbery conviction and a sentence of from two and one-half to four years on the firearm conviction. The defendant's appeal is before the court pursuant to G.L.c. 278, §§ 33A-33G.

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