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GILCHREST v. COMMONWEALTH

364 Mass. 278 (1973)

303 N.E.2d 336

DAVID BRADFORD GILCHREST vs. COMMONWEALTH (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

November 12, 1973.

Attorney(s) appearing for the Case

Alexander Whiteside, II (Robert V. Greco with him) for the petitioners.

Wade M. Welch, Deputy Assistant Attorney General (James X. Kenneally, Assistant Attorney General, with him) for the Commonwealth.

Present TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & HENNESSEY, JJ.

TAURO, C.J.

Two petitions for writs of error are here after a hearing, reservation and report by a single justice of this court.

The following pertinent facts appear from the "Findings of Fact" by the single justice. On July 5, 1968, the petitioners David Bradford Gilchrest and John Francis Moynihan were indicted for confining for the purpose of stealing, for robbing and for murdering Carolyn Gouveia.2

On July 19, 1968...

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