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COMMONWEALTH v. WHITE

392 Mass. 282 (1984)

467 N.E.2d 79

COMMONWEALTH vs. ROY W. WHITE, JR.

Supreme Judicial Court of Massachusetts, Middlesex.

June 25, 1984.

Attorney(s) appearing for the Case

Laurence Hardoon, Assistant District Attorney, for the Commonwealth.

Elliot D. Lobel for the defendant.

Present: HENNESSEY, C.J., ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

HENNESSEY, C.J.

The defendant was convicted by a jury of murder in the second degree. We affirmed on appeal. See Commonwealth v. White, 363 Mass. 682 (1973). The question presented in this case is whether a motion judge in the Superior Court was correct in allowing the defendant's motion for a new trial. That judge allowed the defendant's motion on the ground that the jury...

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