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COMMONWEALTH v. DiPIETRO

373 Mass. 369 (1977)

369 N.E.2d 811

COMMONWEALTH vs. ROBERT ANTHONY DiPIETRO.

Supreme Judicial Court of Massachusetts, Worcester.

September 19, 1977.

Attorney(s) appearing for the Case

Conrad W. Fisher (Alfred B. Cenedella, III, with him) for the defendant.

James P. Donohue, Assistant District Attorney (Edward P. Ryan, Jr., with him) for the Commonwealth.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, WILKINS, & ABRAMS, JJ.

QUIRICO, J.

The defendant was indicted for the unarmed robbery and first degree murder of Harold F. Lowell. The two indictments were tried together before a jury which returned verdicts of guilty of robbery and of manslaughter. The defendant appealed to the Appeals Court under G.L.c. 278, §§ 33A-33G, and that court confirmed the conviction on each indictment. Commonwealth v. DiPietro, 4 Mass.App.Ct. 845 (1976). The defendant then applied to...

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