The defendant was indicted for the crime of murder in the first degree of Dario Alberghini. After a trial held subject to G.L.c. 278, §§ 33A-33H, as amended, a jury found him guilty as charged and recommended that the sentence of death be not imposed. See G.L.c. 265, § 2, as appearing in St. 1951, c. 203.
The case is before us on the defendant's appeal based...
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