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COMMONWEALTH v. HARRINGTON

7 Mass. App. Ct. 665 (1979)

389 N.E.2d 772

COMMONWEALTH vs. JOHN J. HARRINGTON.

Appeals Court of Massachusetts, Suffolk.

May 29, 1979.

Attorney(s) appearing for the Case

David J. Fine for the defendant.

Robert J. Schilling, Special Assistant District Attorney

(Alice Hanlon with him) for the Commonwealth.

Present: HALE, C.J., KEVILLE, & GRANT, JJ.

KEVILLE, J.

The defendant was convicted by a jury of second degree murder and sentenced to life imprisonment. That conviction was affirmed on appeal. Commonwealth v. Harrington, 367 Mass. 13 (1975). His conviction of assault with a dangerous weapon with intent to rob arising from the same incident had been placed on file. Id. at 15. More than two and one-half years later the defendant moved for a new trial....

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