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COMMONWEALTH v. WHITNEY

No. 01-P-229.

63 Mass. App. Ct. 351 (2005)

COMMONWEALTH v. JOHN WHITNEY.

Appeals Court of Massachusetts, Norfolk.

April 28, 2005.

Attorney(s) appearing for the Case

Joseph F. Krowski for the defendant.

Varsha Kukafka, Assistant District Attorney, for the Commonwealth.

Present: GELINAS, SMITH, & COWIN, JJ.

COWIN, J.

The defendant, charged with the murder of Alberto Portal (Alberto or victim), was convicted by a jury of murder in the second degree, and he appealed. He subsequently filed a motion for new trial, which was denied without appeal. He thereafter filed a second motion for new trial, which was also denied, and on this occasion he appealed from the order of denial. The direct appeal and the appeal from the order...

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