COMMONWEALTH v. LAKE


410 Mass. 47 (1991)

570 N.E.2d 1016

COMMONWEALTH vs. FRANCISCO A. LAKE.

Supreme Judicial Court of Massachusetts, Essex.

May 8, 1991.


Attorney(s) appearing for the Case

Stephen Hrones for the defendant.

M. Catherine Huddleson, Special Assistant District Attorney (Robert N. Weiner, Assistant District Attorney, with her) for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.


NOLAN, J.

On September 27, 1989, the defendant, Francisco A. Lake, was found guilty of the murder in the first degree of Marie Moson, larceny of a motor vehicle, and kidnapping of his ten year old nephew. The judge sentenced the defendant to the mandatory life term without parole for the first degree murder conviction. The only issue presented in this appeal is whether this court should exercise its powers under G.L.c. 278, § 33E, to reduce the defendant's conviction...

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