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COMMONWEALTH v. CALLAHAN.

401 Mass. 627 (1988)

519 N.E.2d 245

COMMONWEALTH vs. JOSEPH N. CALLAHAN.

Supreme Judicial Court of Massachusetts, Suffolk.

February 8, 1988.

Attorney(s) appearing for the Case

Fred Hewitt Smith (Cynthia Smith with him) for the defendant.

Philip T. Beauchesne, Assistant District Attorney (Margaret Steen Melville, Assistant District Attorney, with him) for the Commonwealth.

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

ABRAMS, J.

Convicted of murder in the first degree,1 the defendant, Joseph N. Callahan, appeals, alleging error in the denial of his motion to suppress statements he made to the police, error in the instructions to the jurors,2 and ineffective assistance of counsel. In addition, pursuant to G.L.c. 278, § 33E (1986 ed.), he alleges that there is a substantial likelihood of a miscarriage of justice because...

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