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COMMONWEALTH v. DOHERTY

371 Mass. 413 (1976)

357 N.E.2d 767

COMMONWEALTH vs. JAMES G. DOHERTY.

Supreme Judicial Court of Massachusetts, Middlesex.

December 6, 1976.

Attorney(s) appearing for the Case

Frank P. Marchetti for the defendant.

Peter W. Agnes, Jr., Assistant District Attorney (Francis K. Monarski, Assistant District Attorney, with him) for the Commonwealth.

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

BRAUCHER, J.

The defendant was indicted for murder and for armed assault in a dwelling house with intent to rob. After trial with a codefendant, James G. Stewart, he was convicted of murder in the second degree and of the assault charged, and was sentenced to two consecutive terms of life imprisonment. He appealed under G.L.c. 278, §§ 33A-33G, assigning error with respect to the admission and exclusion of evidence and instructions to the jury. We transferred...

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