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COMMONWEALTH v. DOANE

428 Mass. 631 (1999)

COMMONWEALTH v. CHRISTOPHER RAY DOANE.

Supreme Judicial Court of Massachusetts, Essex.

January 11, 1999.

Attorney(s) appearing for the Case

Steven J. Rappaport for the defendant.

Marcia H. Slingerland, Assistant District Attorney (George O'Connor, Assistant District Attorney, with her) for the Commonwealth.

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

FRIED, J.

Doane appeals from an adjudication of delinquency by reason of murder in the first degree. The jury specifically found both deliberate premeditation and extreme atrocity or cruelty. The direct entry of the appeal in this court was improper. General Laws c. 278, § 33E, allows for direct entry of an appeal in this court only in a case "in which the defendant was tried on an indictment for murder in the first degree and was convicted of murder in the first...

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