COMMONWEALTH v. MISKEL


364 Mass. 783 (1974)

308 N.E.2d 547

COMMONWEALTH vs. JAMES CHARLES MISKEL, JR.

Supreme Judicial Court of Massachusetts, Suffolk.

March 14, 1974.


Attorney(s) appearing for the Case

Albert L. Hutton, Jr., for the defendant.

Lawrence L. Cameron, Assistant District Attorney

(Frances M. Burns, Legal Assistant to the District Attorney, with him) for the Commonwealth.

Present: TAURO, C.J., REARDON, QUIRICO, HENNESSEY, & WILKINS, JJ.


QUIRICO, J.

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. 203.1

The case is before us on the defendant's appeal based...

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