COMMONWEALTH v. COOK


380 Mass. 314 (1980)

403 N.E.2d 363

COMMONWEALTH vs. VERNARD COOK.

Supreme Judicial Court of Massachusetts, Suffolk.

April 2, 1980.


Attorney(s) appearing for the Case

Thomas J. Mundy, Assistant District Attorney, for the Commonwealth.

Roger Witkin for the defendant.

Present: HENNESSEY, C.J., QUIRICO, LIACOS, & ABRAMS, JJ.


QUIRICO, J.

This is a petition by the Commonwealth under G.L.c. 211, § 3, for relief from the action of a judge of the Superior Court in allowing the defendant's motion for new trial under G.L.c. 278, § 29.1 A single justice of this court denied the Commonwealth relief and ordered the petition dismissed. The case is before us on the Commonwealth's appeal from the judgment of dismissal...

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