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COMMONWEALTH v. HARRINGTON

379 Mass. 446 (1980)

399 N.E.2d 475

COMMONWEALTH vs. JOHN J. HARRINGTON.

Supreme Judicial Court of Massachusetts, Suffolk.

January 9, 1980.

Attorney(s) appearing for the Case

David J. Fine for the defendant.

Michael J. Traft, Assistant District Attorney, for the Commonwealth.

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

QUIRICO, J.

This is an appeal by the defendant from the denial of his motions for a new trial on two indictments charging the crimes of murder and armed assault with intent to rob. The appeal was heard by the Appeals Court which reversed the conviction of murder on a ground not theretofore raised by the defendant either at his trial or in his assignment of errors. Commonwealth v. Harrington, 7 Mass.App.Ct. 665

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