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COMMONWEALTH v. LaBRIOLA

430 Mass. 569 (2000)

COMMONWEALTH v. JOSEPH F. LABRIOLA.

Supreme Judicial Court of Massachusetts, Norfolk.

January 14, 2000.

Attorney(s) appearing for the Case

Wendy H. Sibbison for the defendant.

Robert C. Cosgrove, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., ABRAMS, LYNCH, GREANEY, IRELAND SPINA, & COWIN, JJ.

IRELAND, J.

On September 27, 1973, the defendant was convicted by a jury of murder in the first degree. The conviction and the denial of the defendant's first motion for a new trial were affirmed by this court. See Commonwealth v. La-Briola, 370 Mass. 366, 368 (1976). In 1995, the defendant filed his fourth motion for a new trial, arguing that the nine uses of the term "moral certainty" in the reasonable doubt and...

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