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COMMONWEALTH v. JOHNSON

352 Mass. 311 (1967)

225 N.E.2d 360

COMMONWEALTH vs. RONALD L. JOHNSON & another (and four companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

April 4, 1967.

Attorney(s) appearing for the Case

John M. Harrington, Jr. (John A. Pike with him) for the defendant Johnson.

Joseph J. Balliro for the defendant Graves.

John F. McAuliffe, Assistant District Attorney (James F. Sullivan, Assistant District Attorney, with him), for the Commonwealth.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & REARDON, JJ.

KIRK, J.

The two defendants were indicted, tried and found guilty of murder in the first degree of James B. O'Leary. The jury recommended that the death penalty not be imposed on Graves; no recommendation was made as to Johnson. On a separate indictment Johnson was found guilty of armed robbery, while masked, of Jacob Berman; Graves was found guilty of armed robbery of Berman. Both defendants were found guilty of assault and battery on Berman by means of a dangerous...

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