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COMMONWEALTH v. PLANT

417 Mass. 704 (1994)

634 N.E.2d 896

COMMONWEALTH vs. GARY F. PLANT.

Supreme Judicial Court of Massachusetts, Plymouth.

May 6, 1994.

Attorney(s) appearing for the Case

Charles W. Rankin for the defendant.

John E. Bradley, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & O'CONNOR, JJ.

O'CONNOR, J.

The defendant appeals from convictions of aggravated rape and murder in the first degree and from the denial of his motion for a new trial. The jury found the defendant guilty of murder in the first degree by reason of extreme atrocity or cruelty and by reason of having killed in the commission of a felony punishable by life imprisonment (aggravated rape). While the appeal from the convictions was pending, the defendant moved in this court (see G.L.c...

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