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COMMONWEALTH v. LATIMORE

423 Mass. 129 (1996)

COMMONWEALTH v. WILLIE R. LATIMORE.

Supreme Judicial Court of Massachusetts, Bristol.

July 11, 1996.

Attorney(s) appearing for the Case

Daniel F. Featherston, Jr., for the defendant.

David B. Mark, Assistant District Attorney, for the Commonwealth.

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

ABRAMS, J.

After a trial by jury in 1976, the defendant, Willie R. Latimore, was convicted of murder in the first degree. We affirmed the conviction. See Commonwealth v. Latimore, 378 Mass. 671, 679 (1979) (hereinafter Latimore I). In 1992, the defendant's motion for a new trial on the ground of constitutionally erroneous jury instructions was allowed. In 1993, his motion to dismiss the indictment on the ground...

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