COMMONWEALTH v. GRAZIANO


371 Mass. 596 (1976)

358 N.E.2d 776

COMMONWEALTH vs. EUGENE GRAZIANO (and a companion case).

Supreme Judicial Court of Massachusetts, Hampden.

December 28, 1976.


Attorney(s) appearing for the Case

Jay M. Forgotson for Eugene Graziano.

John T. McDonough, Special Assistant District Attorney, for the Commonwealth.

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


REARDON, J.

A judge of the Superior Court, pursuant to G.L.c. 278, § 30A, reported to the Appeals Court for decision before trial certain questions of law and we transferred the case for hearing here. G.L.c. 211A, § 10 (A).

The defendants were indicted in September, 1972, for murder and armed robbery, and were found guilty on February 2, 1973, of murder in the second degree and armed robbery. They both appealed and we reversed the convictions and...

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