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COMMONWEALTH v. BROWN

367 Mass. 24 (1975)

323 N.E.2d 902

COMMONWEALTH vs. ENFRID BROWN, JR., & others. (and five companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

February 14, 1975.

Attorney(s) appearing for the Case

Monroe L. Inker (Stephen R. Katz with him) for the defendant Brown.

Robert J. Ciolek & Martin K. Leppo for the defendants Johnson & Clinkscales.

Thaddeus R. Beal, Jr., Assistant District Attorney, & Roger A. Emanuelson, Special Assistant District Attorney, for the Commonwealth.

David A. Barry & John Reinstein for Civil Liberties Union of Massachusetts and Anthony G. Amsterdam of California & Jack Himmelstein of New York, for NAACP Legal Defense and Education Fund, Inc., joined in a brief as amici curiae.

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

BRAUCHER, J.

These murder appeals bring to us numerous assignments of error. We reverse the convictions because the judge's "dynamite charge" to the jury went beyond that approved in Commonwealth v. Tuey, 8 Cush. 1 (1851). Cf. Allen v. United States, 164 U.S. 492, 501 (1890). We also pass on the questions likely to recur at a new trial.

The victim, Allen Donaldson, also known as Hakim A. Jamal, lived...

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