COMMONWEALTH v. LUCE


399 Mass. 479 (1987)

505 N.E.2d 178

COMMONWEALTH vs. FRANCIS H. LUCE.

Supreme Judicial Court of Massachusetts, Worcester.

March 19, 1987.


Attorney(s) appearing for the Case

James L. Sultan for the defendant.

Katherine E. McMahon, Assistant District Attorney, for the Commonwealth.

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


LYNCH, J.

After a jury trial in the Superior Court, the defendant, Francis Luce, was found guilty of murder in the first degree. The defendant appealed and on the same day filed a motion for a new trial based on the prosecutor's closing argument. He also seeks relief under G.L.c. 278, § 33E (1984 ed.).

The motion for new trial was not acted on in the Superior Court. It should be noted that a motion for new trial...

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