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COMMONWEALTH v. GAGLIARDI

21 Mass. App. Ct. 439 (1986)

488 N.E.2d 10

COMMONWEALTH vs. PHILIP J. GAGLIARDI.

Appeals Court of Massachusetts, Middlesex.

January 21, 1986.

Attorney(s) appearing for the Case

James W. Sahakian, Assistant District Attorney, for the Commonwealth.

William A. Bolton for the defendant.

Present: GRANT, CUTTER, & PERRETTA, JJ.

PERRETTA, J.

After a jury found the defendant guilty of the murder in the second degree of Donald Kingsley Costello, he brought a motion for a new trial under Mass.R.Crim.P. 30(b), 378 Mass. 900 (1979), which was allowed by the trial judge on the ground that "justice may not have been done and that the interests of justice require a new trial." The trial judge gave detailed and comprehensive reasons in explanation...

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