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COMMONWEALTH v. CARRION

370 Mass. 408 (1976)

348 N.E.2d 754

COMMONWEALTH vs. LUIS A. CARRION.

Supreme Judicial Court of Massachusetts, Suffolk.

June 8, 1976.

Attorney(s) appearing for the Case

Michael R. Pizziferri (Joseph A. Todisco with him) for the defendant.

Daniel C. Mullane, Assistant District Attorney (Christopher A. Quinn & Eugene F. McAuliffe, Legal Assistants to the District Attorney, with him) for the Commonwealth.

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

REARDON, J.

The defendant was indicted for murder in the first degree and was tried subject to G.L.c. 278, §§ 33A-33G. A verdict was directed of not guilty on so much of the indictment as charged murder in the first degree, and the defendant was found guilty of murder in the second degree. Various assignments of error were alleged and are pressed before us.

The jury could have found that the victim Ramonita...

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