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COMMONWEALTH v. McGRATH

437 Mass. 46 (2002)

COMMONWEALTH v. GEORGE MCGRATH.

Supreme Judicial Court of Massachusetts, Suffolk.

May 24, 2002.

Attorney(s) appearing for the Case

Rosemary Daly, Assistant District Attorney, for the Commonwealth.

Kathleen M. McCarthy for the defendant.

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

SPINA, J.

The defendant was convicted of murder in the first degree and his convictions were affirmed. See Commonwealth v. McGrath, 358 Mass. 314 (1970). In 1998 the defendant filed a motion for a new trial, his first, claiming error in the reasonable doubt instruction given at his trial. A judge in the Superior Court, who was not the trial judge, ordered a new trial. The...

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