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COMMONWEALTH v. WAMPLER

369 Mass. 121 (1975)

331 N.E.2d 892

COMMONWEALTH vs. JIMMIE L. WAMPLER, JR.

Supreme Judicial Court of Massachusetts, Bristol.

November 26, 1975.

Attorney(s) appearing for the Case

James M. Pool for the defendant.

Earl M. Seligman, Assistant District Attorney, for the Commonwealth.

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

BRAUCHER, J.

The defendant appeals from a conviction of murder in the first degree. He assigns two errors in the admission of evidence: a declaration of his brother made the day before the crime, and testimony of a police officer as to the defendant's sobriety four hours after the crime. We affirm the conviction.

We summarize the evidence on behalf of the Commonwealth. On Thursday, April 13, 1972, the defendant's...

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