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COMMONWEALTH v. PISA

372 Mass. 590 (1977)

363 N.E.2d 245

COMMONWEALTH vs. RALPH A. PISA.

Supreme Judicial Court of Massachusetts, Middlesex.

May 16, 1977.

Attorney(s) appearing for the Case

James M. Pool for the defendant.

Bonnie H. MacLeod-Griffin, Assistant District Attorney, for the Commonwealth.

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

LIACOS, J.

The defendant was convicted by a jury on an indictment charging him with the murder in the first degree of George W. Deane. The jury returned a verdict without recommending that the death penalty not be imposed, G.L.c. 265, § 2, and accordingly the defendant was sentenced to death. After filing a claim of appeal, which was not perfected, the defendant moved for a new trial. G.L.c. 278, § 29. Since the original trial judge had

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