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COMMONWEALTH v. AMICO

15 Mass. App. Ct. 650 (1983)

447 N.E.2d 1261

COMMONWEALTH vs. ROBERT J. AMICO.

Appeals Court of Massachusetts, Middlesex.

April 12, 1983.

Attorney(s) appearing for the Case

William P. Homans, Jr., for the defendant.

Kevin J. Ross, Assistant District Attorney, for the Commonwealth.

Present: GRANT, KAPLAN, & WARNER, JJ.

GRANT, J.

The appeal is from a conviction of murder in the second degree on an indictment charging the commission of a murder in the first degree in Stoneham on February 17, 1980. See Commonwealth v. Davis, 380 Mass. 1, 12-17 (1980). A companion conviction of larceny is not before us, as the relevant indictment was placed on file with the defendant's consent. Commonwealth v. Delgado,

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