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KATER v. COMMONWEALTH

421 Mass. 17 (1995)

JAMES M. KATER vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

August 1, 1995.

Attorney(s) appearing for the Case

Elspeth Cypher, Assistant District Attorney (John V. Mahoney, II, Assistant District Attorney, with her) for the Commonwealth.

Joseph F. Krowski for the defendant.

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

WILKINS, J.

On November 28, 1978, James M. Kater (defendant) was indicted for the murder and kidnapping of Mary Lou Arruda, a Raynham high school student. The body of the victim (who had been missing since September 8, 1978) had been found earlier in November in the Freetown State Forest tied to a tree. A jury found the defendant guilty of murder in the first degree and kidnapping. On appeal from those convictions and from the denial of a motion for a new trial, this...

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