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LYKUS v. COMMONWEALTH

432 Mass. 160 (2000)

EDWARD S. LYKUS v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

July 28, 2000.

Attorney(s) appearing for the Case

Paul F. Walsh, Jr., District Attorney, Philip A. Rollins, & Julia K. Holler, Special Assistant District Attorneys, for the Commonwealth, submitted a brief.

Edward S. Lykus, pro se, submitted a brief.

Present: ABRAMS, GREANEY, IRELAND, SPINA, & COWIN, JJ.

COWIN, J.

This is an appeal from an order of a single justice of this court pursuant to G. L. c. 211, § 3, denying Edward S. Lykus (defendant) relief from a claimed illegally imposed State prison sentence. We provide an abbreviated summary of the lengthy procedural history culminating in this latest appeal by the defendant. In 1973, a jury convicted the defendant of murder in the first degree after being instructed on theories of

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