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COMMONWEALTH v. ROBINSON

408 Mass. 245 (1990)

557 N.E.2d 752

COMMONWEALTH vs. PAUL G. ROBINSON.

Supreme Judicial Court of Massachusetts, Suffolk.

August 8, 1990.

Attorney(s) appearing for the Case

John R. Campbell (Francis X. Jackman, with him) for the defendant.

Nijole Makaitis, Assistant District Attorney, for the Commonwealth.

Wendy Sibbison, for Massachusetts Association of Criminal Defense Lawyers, amicus curiae, submitted a brief.

Present: LIACOS, C.J., ABRAMS, NOLAN, O'CONNOR, & GREANEY, JJ.

ABRAMS, J.

After trial by jury, the defendant was convicted in 1969 of murder in the first degree (two indictments) and armed assault with intent to rob (two indictments). We affirmed the convictions after plenary review under G.L.c. 278, § 33E. See Commonwealth v. McGrath, 358 Mass. 314 (1970).1 In 1980, the defendant filed a pro se motion for

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