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COMMONWEALTH v. BOYD

367 Mass. 169 (1975)

326 N.E.2d 320

COMMONWEALTH vs. BRADFORD BOYD.

Supreme Judicial Court of Massachusetts, Norfolk.

March 25, 1975.

Attorney(s) appearing for the Case

P.J. Piscitelli for the defendant.

John P. Connor, Jr., Assistant District Attorney, for the Commonwealth.

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

REARDON, J.

The defendant was convicted in the Superior Court of first degree murder in a case taken under G.L.c. 278, §§ 33A-33G. The case is here on assignments of error.

The facts are not in dispute. At approximately 7:30 A.M. on December 19, 1971, the defendant, incarcerated at the Massachusetts Correctional Institution at Walpole, entered the inmate cafeteria where, with his own tray empty, he sat...

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