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COMMONWEALTH v. MERCADO

383 Mass. 520 (1981)

420 N.E.2d 330

COMMONWEALTH vs. FRANCISCO MERCADO.

Supreme Judicial Court of Massachusetts, Suffolk.

May 5, 1981.

Attorney(s) appearing for the Case

Steven J. Rappaport for the defendant.

Philip Beauchesne, Assistant District Attorney, for the Commonwealth.

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

NOLAN, J.

Following a trial to a jury in the Superior Court, the defendant, Francisco Mercado, was convicted of murder in the second degree on an indictment charging murder in the first degree. His trial counsel did not file a timely claim of appeal. Subsequent defense counsel filed a motion for a new trial, which was denied after an evidentiary hearing. The defendant appealed from the denial of his motion. Additionally, he filed a motion for leave to file a late...

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