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COMMONWEALTH v. JOHNSON

365 Mass. 534 (1974)

313 N.E.2d 571

COMMONWEALTH vs. LAWYER JOHNSON.

Supreme Judicial Court of Massachusetts, Suffolk.

July 1, 1974.

Attorney(s) appearing for the Case

John G.S. Flym for the defendant.

Thomas J. Mundy, Jr., Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., REARDON, BRAUCHER, HENNESSEY, & KAPLAN, JJ.

KAPLAN, J.

The defendant, Lawyer Johnson, appeals under G.L.c. 278, §§ 33A-33G, from his conviction of first degree murder, with sentence of death, as well as from the denial of his motion for a new trial. The assignments of error are numerous, but it will not be necessary to examine them or the facts of the case comprehensively, since there was a material error requiring reversal, and the other questions are not likely to arise on retrial.

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