COMMONWEALTH v. O'NEAL


367 Mass. 440 (1975)

327 N.E.2d 662

COMMONWEALTH vs. ROBERT E. O'NEAL.

Supreme Judicial Court of Massachusetts, Suffolk.

April 18, 1975.


Attorney(s) appearing for the Case

William P. Homans, Jr. (Herbert Jacobs with him) for the defendant.

Roger A. Emanuelson, Assistant District Attorney, for the Commonwealth.

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


TAURO, C.J.

The defendant appeals pursuant to G.L.c. 278, §§ 33A-33H, from his conviction of murder in the first degree. The jury found the defendant guilty of deliberately premeditated murder committed in the course of armed robbery and rape and the trial judge imposed the mandatory sentence of death. G.L.c. 265, § 2. The defendant's principal challenge here is not to his conviction, but rather to the statutorily mandated sentence of death. In this...

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