CUTTER, J.
LePage and Eskedahl were each found guilty of the murder, in the first degree, of Dr. Dalton C. O'Brien and of armed assault with intent to rob him. There was a recommendation that sentence of death be not imposed. Each defendant appealed. On the evidence the following facts could be found.
About midnight of the night of March 10 to 11, 1964, Dr. and Mrs. O'Brien were in their house near Fresh Pond, Cambridge. The lights were out. The front door...
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