COMMONWEALTH v. MARTIN


393 Mass. 781 (1985)

473 N.E.2d 1099

COMMONWEALTH vs. ARTHUR R. MARTIN.

Supreme Judicial Court of Massachusetts, Berkshire.

January 29, 1985.


Attorney(s) appearing for the Case

John M. Thompson for the defendant.

Lee Diane Flournoy, Assistant District Attorney, for the Commonwealth.

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


NOLAN, J.

On September 17, 1981, the defendant was convicted of murder in the second degree and of carrying a firearm without legal authority, G.L.c. 269, § 10 (a). Following the appointment of new counsel, he filed a motion for postconviction relief. This motion was subsequently denied, and the defendant appealed. The Appeals Court reversed the Superior Court judge's denial of the defendant's motion, and ordered that a new trial be held on both indictments...

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