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COMMONWEALTH v. ST. GERMAIN

381 Mass. 256 (1980)

408 N.E.2d 1358

COMMONWEALTH vs. CARROLL K. ST. GERMAIN.

Supreme Judicial Court of Massachusetts, Middlesex.

August 5, 1980.

Attorney(s) appearing for the Case

John C. McBride for the defendant.

Pamela L. Hunt, Assistant District Attorney, for the Commonwealth.

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

ABRAMS, J.

On December 28, 1976, William Herbits, eighty-four, and his wife Julia, seventy-two, were viciously1 slain at their home in Newton. After trial by jury, Carroll K. St. Germain was convicted on two counts of murder in the first degree, one count of armed assault in a dwelling house, and two counts of assault and battery by means of a dangerous weapon.2 The...

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