OPINION
SHEA, Justice.
The defendant, Alfred A. Dufresne, was granted a new trial by a justice of the Superior Court. The justice so ruled after a hearing on the defendant's petition for postconviction relief pursuant to G.L. 1956 (1969 Reenactment) §§ 10-9.1-1 — 10-9.1-9, as enacted by P.L. 1974, ch. 220, § 3. The defendant had been tried for the murder of
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