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COMMONWEALTH v. DIATCHENKO

387 Mass. 718 (1982)

443 N.E.2d 397

COMMONWEALTH vs. GREGORY DIATCHENKO.

Supreme Judicial Court of Massachusetts, Suffolk.

December 8, 1982.

Attorney(s) appearing for the Case

J. Albert Johnson (Thomas J. May with him) for the defendant.

Thomas J. Mundy, Jr., Assistant District Attorney (John Richard, Legal Assistant to the District Attorney, with him) for the Commonwealth.

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

HENNESSEY, C.J.

The defendant, Gregory Diatchenko, was convicted of murder in the first degree by a jury in the Superior Court in Suffolk County and sentenced, pursuant to G.L.c. 265, § 2, to the mandatory term of life imprisonment without the possibility of parole. On appeal, the defendant contends that G.L.c. 265, § 2, is unconstitutional under the United States and Massachusetts Constitutions, because it requires...

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