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COMMONWEALTH v. SEIT

373 Mass. 83 (1977)

364 N.E.2d 1243

COMMONWEALTH vs. BARIKI S. SEIT.

Supreme Judicial Court of Massachusetts, Middlesex.

July 19, 1977.

Attorney(s) appearing for the Case

Bruce N. Sachar (Joseph J. Machera with him) for the defendant.

Peter W. Agnes, Jr., Assistant District Attorney, for the Commonwealth.

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

KAPLAN, J.

On an indictment charging murder in the first degree of Bari Pogoni, a jury found the defendant Bariki S. Seit guilty of murder in the second degree, and he takes his appeal here from the judgment of conviction (and from the denial of his motion for a new trial) pursuant to G.L.c. 278, §§ 33A-33G. We shall conclude that there was no error warranting reversal of the judgment, but that we should exercise our power under § 33E to reduce the...

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