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COMMONWEALTH v. STOTE

433 Mass. 19 (2000)

COMMONWEALTH v. JOHN STOTE.

Supreme Judicial Court of Massachusetts, Hampden.

December 8, 2000.

Attorney(s) appearing for the Case

William T. Walsh, Jr., for the defendant.

Dianne M. Dillon, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, & SOSMAN, JJ.

IRELAND, J.

The defendant, John Stote, was convicted of murder in the first degree. He appealed from the conviction to this court. During the pendency of this appeal, the defendant was granted leave by a single justice to file a motion for a new trial, which the defendant did, alleging the existence of newly discovered evidence sufficient to warrant a new trial. The trial judge denied this motion, and the defendant appealed...

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