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COMMONWEALTH v. DIAS

373 Mass. 412 (1977)

367 N.E.2d 623

COMMONWEALTH vs. GILBERT DIAS.

Supreme Judicial Court of Massachusetts, Bristol.

September 21, 1977.

Attorney(s) appearing for the Case

Kenneth L. Sullivan for the defendant.

Lance J. Garth, Assistant District Attorney, for the Commonwealth.

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

ABRAMS, J.

Gilbert Dias (Dias) was indicted for the murder of Gerald Travis, the indictment charging murder in the first degree. The jury returned a verdict of guilty of murder in the second degree. The case, having been subject to G.L.c. 278, §§ 33A-33H, comes here on Dias's appeal. Dias challenges his conviction on the ground that the trial judge's questioning of a defense witness deprived him of a fair trial. Additionally, Dias urges this court to exercise...

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