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COMMONWEALTH v. BURNETT

428 Mass. 469 (1998)

COMMONWEALTH v. NEIL BURNETT.

Supreme Judicial Court of Massachusetts, Essex.

December 11, 1998.

Attorney(s) appearing for the Case

John F. Palmer for the defendant.

Robert J. Bender, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

LYNCH J.

On December 11, 1973, a jury found the defendant guilty of armed robbery and murder in the first degree. In Commonwealth v. Burnett, 371 Mass. 13 (1976), this court affirmed the convictions after a plenary review of the law and the evidence pursuant to G. L. c. 278, § 33E. Because the facts and arguments underlying this appeal are sufficiently recounted in this court's earlier opinion, we limit our factual...

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