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COMMONWEALTH v. COOK

371 Mass. 832 (1977)

359 N.E.2d 949

COMMONWEALTH vs. ROBERT EVERETT COOK.

Supreme Judicial Court of Massachusetts, Suffolk.

February 4, 1977.

Attorney(s) appearing for the Case

Dyanne Klein Polatin for the defendant.

Timothy M. Burke (Newman A. Flanagan, Assistant District Attorney, with him) for the Commonwealth.

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

BRAUCHER, J.

The defendant's conviction of murder in the second degree was affirmed in Commonwealth v. Cook, 351 Mass. 231, cert. denied, 385 U.S. 981 (1966). Thereafter he sought a new trial under G.L.c. 278, § 29, and the judge reported the case to the Appeals Court without decision under G.L.c. 278, § 30A, so far as necessary to present the following question: "Was the defendant denied due process of law...

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