COMMONWEALTH v. DAYE


411 Mass. 719 (1992)

587 N.E.2d 194

COMMONWEALTH vs. DENNIS DAYE (and eight companion cases).

Supreme Judicial Court of Massachusetts, Essex.

January 29, 1992.


Attorney(s) appearing for the Case

Earle C. Cooley for Richard Costa.

S. Jane Haggerty, Assistant District Attorney, for the Commonwealth.

Michael A. Laurano, for Dennis Daye, was present but did not argue.

Leonard N. Mancuso, for Michael DeNictolis, was present but did not argue.

Present: WILKINS, ABRAMS, O'CONNOR, & GREANEY, JJ.


O'CONNOR, J.

After approximately seven weeks of jury trial, the defendants were each convicted on indictments charging two counts of murder in the first degree, two counts of armed robbery, and two counts of armed assault in a dwelling. Although the defendants Daye and Costa were tried by one jury and the defendant DeNictolis was tried by another, the same judge presided over both trials in the same courtroom. All the witnesses...

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