GREANEY, J.
We conclude that the defendant's third motion for a new trial was properly denied by a judge of the Superior Court, as a matter of discretion and without a hearing on its merits, because the ground for relief could have been raised in previous proceedings and appeals and thus has been waived.
The procedural history of the case is as follows. A jury in the Superior Court convicted the defendant of murder in the first degree on May 27, 1976. He thereafter...
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