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COMMONWEALTH v. VANDERPOOL

367 Mass. 743 (1975)

328 N.E.2d 833

COMMONWEALTH vs. CLIFFORD F. VANDERPOOL, THIRD.

Supreme Judicial Court of Massachusetts, Hampden.

May 14, 1975.

Attorney(s) appearing for the Case

Margaret D. McGaughey for the defendant.

William W. Teahan, Jr., Special Assistant District Attorney, for the Commonwealth.

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

TAURO, C.J.

The defendant was convicted of murder in the first degree and appeals pursuant to G.L.c. 278, §§ 33A-33G. He contends that the trial judge erred (1) in not instructing the jury that they could find the defendant guilty of manslaughter, (2) in refusing to allow the defendant to explain his behavior following an incident at the trial, and (3) in refusing to sequester the witnesses. He also urges that...

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